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(영문) 대법원 1962. 11. 1. 선고 62다573 판결
[대여금][집10(4)민,199]
Main Issues

Where a corporate repair association subject to the Decree of the Shipbuilding borrows money, the examples that require authorization from the competent Do Governor under Article 39 of the Decree of the Shipbuilding shall be obtained.

Summary of Judgment

Where a repair association subject to the Decree of the Shipbuilding Repair Association borrows money, it shall obtain authorization from the competent Do Governor under Article 39 of the above Decree, and the act of borrowing money without authorization shall be null and void.

[Reference Provisions]

Article 39 of the Decree of the Shipbuilding Repair Association

Plaintiff-Appellee

The name of yellow dust;

Defendant-Appellant

Strengthening land improvement cooperatives which take over the system of the depth Repair Association;

Judgment of the lower court

Incheon support in the first instance court, Seoul High Court Decision 61No1759 delivered on June 19, 1962

Text

We reverse the original judgment.

The case shall be remanded to Seoul High Court.

Reasons

The purport of the grounds of appeal by the defendant's attorney is that the defendant union's act of borrowing money from the plaintiff cannot be established lawfully, and the defendant union's act of borrowing money from the plaintiff is a juristic person subject to the regulations of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law

The Defendant’s final appeal is with merit and the Plaintiff’s answer is with merit, and thus, the lower court shall reverse the original judgment and have the original judgment deliberated again. It is so decided as per Disposition by the assent of all Justices who participated in the trial.

The judges of the Supreme Court, both judges (Presiding Judge) and Magyeong, Mag-Jak, the highest leapble leapbal of Red Mags

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