The validity of borrowing money from a person other than the State or a local government without the approval of the Do Governor.

A farmland improvement association established under the Agricultural Community Modernization Promotion Act shall not borrow money from a person other than the State or a local government without the approval of the competent Do Governor, and such an act of borrowing money shall be null and void, or shall make unjust enrichment to the extent that it pays the employee salary of the association and pays the debt with the money, and in particular, it shall be the beneficiary of bad faith.

Article 23 of the Agricultural Community Modernization Promotion Act, Article 52 of the Agricultural Community Modernization Promotion Act, Article 183 of the Agricultural Community Modernization Promotion Act, Article 71 of the Enforcement Decree of the Agricultural Community Modernization Promotion Act

December 29, 1964, 64Da953 decided Dec. 29, 1964 (Article 741 (11), 499, 6157, 6229 of the Civil Act)

Cheongyang Farmland Improvement Cooperatives

National Fisheries Cooperatives

Daejeon District Court of Hongsung(81 Gohap197)

1. Among the part against the plaintiff in the original judgment, the part against the plaintiff corresponding to the order to pay additional money shall be revoked.

2. The defendant shall pay to the plaintiff the amount of KRW 1,610,522 and the amount calculated by applying the rate of 2% per month from May 9, 1981 to the date of full payment.

3. The plaintiff's remaining appeal is dismissed.

4. The costs of lawsuit shall be divided into two parts through the first and second trials, and one of them shall be borne by the plaintiff and the other by the defendant.

5. The above (2) can be provisionally executed.

The defendant shall pay to the plaintiff an amount of 18,304,149 won at the rate of 2% per month from July 14, 1980 to the date of full payment.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

The part against the plaintiff in the original judgment shall be revoked.

The defendant shall pay to the plaintiff 11,10,855 won with 2% interest per month from July 14, 1980 to the date of full payment.

The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution, which shall be assessed against all of the first and second trials.

1. On April 1, 1980, the Plaintiff agreed to receive KRW 366,082 per month with the deposit period up to April 1, 1981, the interest rate up to 1981, and KRW 18,304,149 per month with the 2% interest rate up to 366,082, and the fact that the above Hong-gun Fisheries Cooperatives merged with the Defendant Association on February 19, 1981 that the Defendant Union comprehensively succeeded to the rights and obligations of the said association, is not a dispute between the parties, and the Plaintiff received KRW 2,196,492 from the said Hong-gun Fisheries Cooperatives on October 7, 1980.

2. On April 1, 1980, the defendant extended 13,00,00 won to the plaintiff 1 and 400 won per annum for the above 5th anniversary of the above 10-year amount of money borrowed by the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 4 were non-party 1 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 1 and the non-party 4 and the non-party 5 and the non-party 1 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 1 and the non-party 6.

According to the above provisions of Articles 23, 52, and 183 of the Agricultural Community Modernization Promotion Act, and Article 71 of the Enforcement Decree of the same Act, the defendant association established under the Agricultural Community Modernization Promotion Act shall not borrow money from the persons other than the State or local governments without the approval of the branch office of Chungcheongnam-do. Therefore, the difference between the plaintiff's above 13,00,00 won and the above 10,000 won is null and void (see Supreme Court Decision 72Da815 delivered on July 11, 1972). It is clear that the defendant's claim for damages against the above 60,000 won was paid as the salary of the plaintiff association or paid as 11,904,50 won x 16,00 won x 30,000 won x 16,000 won x 30,000 won x 96,000 won x 96,000 won 16.

3. Therefore, the defendant is obligated to pay to the plaintiff the amount of 8,803,816 won of the above recognition and damages for delay at the rate of 2% per month from May 9, 1981 to the date following the date of the above set-off. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition and the remainder of the claim is dismissed without merit. Since the part against the plaintiff who dismissed the plaintiff's claim amount corresponding to the difference between the above recognized amount and the original judgment, it is unfair to cancel this conclusion and order an additional payment of money and order the remainder of the plaintiff's appeal as stated in paragraph (2) of the above Article 96, 89, and 92 of the Civil Procedure Act with respect to the provisional execution declaration of Article 199 of the same Act, it is so decided as per Disposition.

Judges Cho Jong-sung(Presiding Judge)