transfer of liability according to the legal nature of the section.

In accordance with the organization purpose and method, the method of paying the benefits, the method of paying the benefits, the payment method, the relationship between the guidance and the guidance and the guidance or the guidance, and the relationship between the guidance and the guidance or the guidance, and other issues, the legal nature different from that of the association agreement, loan contract, loan contract, or bearer contract, and depending on its nature, the effect or liquidation relation on the guidance or the death on the guidance.

Articles 703 and 598 of the Civil Act

Supreme Court Decision 67Da1052 Decided July 18, 1967

Hong-hee et al. and five others

Cho Byung-jin et al., Counsel for the defendant-appellant-appellee

Seoul High Court Decision 81Na1176 delivered on November 17, 1981

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below acknowledged the following facts in light of the witness Kim Hatk's Kim Jong-sik, refined film, gambling quarter, collection line, Lee Young-ok's testimony and the purport of pleading, and found the facts that the deceased was in the transactional relationship such as monetary lending and fraternity transactions such as the plaintiffs and the 1 to 6th 6th mix of the judgment of the court below, and that the defendants succeeded to the obligations of

The so-called system has the nature of the association agreement or a loan for consumption or a life-free contract, with different legal nature, depending on its nature, as it has different from the contract agreement or a loan for consumption and its legal effect or liquidation relationship between the fraternity and the principal and the fraternity, in accordance with the manner of paying the benefits of its organization and the method of payment of the benefits of the method of payment and payment, payment method of the fraternity thereafter, and relationship between the fraternity and the fraternity or between the fraternity and the fraternity, and it has different legal nature. The court below did not deliberate and decide on this point and did not err by misapprehending the legal principles as to the fraternity and failing to exhaust all all necessary deliberations. The court below's decision that the defendants inherited the fraternity relations between the above deceased and the plaintiffs and the obligation to return the fraternity paid by the plaintiffs after the death of the above person is not exempt.

Therefore, the judgment of the court below is reversed to make a new trial and determination, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)