Cases in which the court below erred by misapprehending the legal principles on the application of the Private School Act and failed to exhaust all necessary deliberations.

This Act was enacted from the first month after it was enacted, promulgated, and promulgated as Act No. 1362 of June 26, 63.6.26. Accordingly, this Article cannot be applied retroactively to the lending relationship made on January 10, 1959.

Article 28 of the Private School Act, Article 187 of the Civil Procedure Act

Plaintiff

Korea Institute of Education for School Foundation

Seoul Central District Court Decision 66Na464 delivered on August 25, 1967

The original judgment shall be reversed, and the case shall be remanded to the Panel Division of the Seoul Civil Procedure District Court.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment of the court below, the plaintiff recognized that the non-party 1, who was the principal of the ○○ Middle School in the management of the defendant on January 10, 1959, lent 30000000000000 to the non-party 1, who was the principal of the ○○ Middle School, and determined that the defendant's waiver of obligations or waiver of rights other than the budget pursuant to Article 10 of the articles of incorporation of the defendant corporation Eul and Article 28 of the Private School Act (the original judgment is considered to be Article 29, Article 31, but it is considered to be a clerical error in Article 28) shall be permitted by the supervisory authority after the resolution of the board of directors, but

However, the Private School Act was enacted and promulgated as Act No. 1362, Jun. 26, 1963; it was enforced one month after its promulgation; it was deemed that there was no date of preparation in the articles of incorporation (Evidence No. 21) of the defendant corporation; and that it was established after the alteration of organization into a school foundation due to the enforcement of the Private School Act. Thus, it is reasonable to view that the foundation which had operated ○○ Middle School was established after its establishment. Thus, the above law and the articles of incorporation cannot be applied retroactively to the lending relationship as seen above, since the above law and the articles of incorporation did not affect the establishment of the Private School Act and the articles of incorporation 10 and 11 (application for approval of budget and budget) were partially part of the president in the year 1963 and the year 1962. Thus, the court below did not err by misapprehending the legal principles as to the establishment of the school foundation's principal and the non-party 1, 195.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman