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(영문) 수원지방법원 여주지원 2018.11.28 2018가단50326
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from September 15, 2012 to March 16, 2018.

Reasons

1. Facts recognized;

A. The defendant is a clan of which C's 11 years of age D is a joint ancestor (hereinafter the defendant's clan), and the defendant's representative E delegated his/her authority to conduct litigation-related affairs to C's members of the family clan on September 24, 2003 (hereinafter the delegation of this case).

B. The F borrowed a total of KRW 50,000,000 from the Plaintiff during the period from January 28, 2010 to May 20, 201 as the representative of the Defendant clan (hereinafter the instant loan) under the pretext that the F would use the total of KRW 50,000 for litigation expenses (hereinafter the instant loan).

[Ground of Recognition] A without dispute, Gap evidence 1 to 11, Eul evidence 1, witness F's testimony, the whole purport of pleading (including documentary evidence number)

2. The assertion and judgment

A. According to the facts of the judgment on the grounds of the claim, since the plaintiff can be recognized as having lent the loan of this case to the defendant clan, the defendant clan shall pay the loan of this case and damages for delay to the plaintiff.

B. 1) Determination on the argument that the delegation of this case is null and void because the delegation of this case was not determined by the closing date, and the loan of this case is null and void. However, it cannot be deemed null and void because it did not set the closing date for delegation, and the above delegation cannot be deemed null and void in light of the circumstances in which the F is a member of the clan of the defendant, the above argument of the defendant is without merit. 2) The defendant clan asserted that the loan of this case was null and void because it was made without the resolution of the general meeting of the defendant clan or the board of directors of the defendant clan without the resolution of the general meeting or the board of directors of the defendant clan.

The term "management and disposal of collective property" in Articles 275 and 276 (1) of the Civil Act means the act of using or improving the collective property itself or the act of disposing of legal or private performance.

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