Main Issues
If it can be recognized as a representative's act in the external form of action, it constitutes an act related to the above duties even if it was intended to promote the interests of the representative or it was in violation of the provisions of the law.
Summary of Judgment
If it can be recognized as a representative's act in the external form of action, it constitutes an act related to the above duties even if it was intended to promote the interests of the representative or it was in violation of the provisions of the law.
[Reference Provisions]
Article 35 of the Civil Act
Plaintiff-Appellant
National Federation of Fisheries Cooperatives
Defendant-Appellee
Aftermapo Fisheries Cooperatives
Judgment of the lower court
Daegu District Court Decision 67Na622 delivered on October 31, 1968
Text
The original judgment is reversed, and the case is remanded to the Daegu High Court.
Reasons
The defendant's attorney's grounds of appeal are examined.
According to Article 65 of the Fisheries Cooperatives Act, if the plaintiff's act of borrowing funds from the non-party 1 cooperative or the non-party 5's representative's director's loan of funds to the above non-party 1 cooperative, or if the non-party 1's representative's above act of borrowing funds from the above non-party 5's association's association's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's director's non-party 1's director's director's non-party 1's non-party 6's director's director's non-party 1's director's director's non-party 1's director's director's non-party 5's non-party 1's director's non-party 1's director's non-party 1's director's director's director'.
Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to the Daegu High Court. It is so decided as per Disposition.
Supreme Court Judge Ma-dong (Presiding Judge) Ma-dong (Presiding Judge)