조합장 명의의 금전차입행위가 소정절차를 밞지 아니함으로써 조합이 채무를 부담하지 아니한 경우에 위 조합장의 금전차입행위는 조합의 직무에 관한 불법행위가 되는가 여부

In order to borrow money in the name of the president of the association and issue bills, even if the association does not bear obligations due to the failure to take the prescribed procedures, the act of borrowing money by the president of the association is deemed to be related to the duties of the association, and the association is liable for the damages caused by the president

Article 35 of the Civil Act, Article 29 of the Agricultural Community Modernization Promotion Act

Plaintiff

5. Judgment of the court below as to the plaintiff

Gwangju District Court Decision 73Na132 delivered on December 13, 1973

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

As to the Defendant’s Attorney’s ground of appeal:

As in the theory of lawsuit, it cannot be recognized that the defendant union bears the obligation because it does not follow the prescribed procedure in borrowing money and issuing bills under the name of the president of the defendant union. However, the monetary borrowing by the president of the above defendant union is recognized as related to the duties of the defendant union, and thus the president of the association incurred damage to the plaintiff in connection with the duties of the defendant union, and the conclusion of the original judgment that recognized the tort liability against the defendant by deeming the defendant as the act of borrowing money by the president of the above defendant union was recognized as related to the duties of the defendant union was caused by the plaintiff. In light of the provisions of Article 29 of the Rural Modernization Promotion Act, it cannot be adopted

All arguments are groundless.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

Justices Rin- Port (Presiding Justice)