Effect of borrowing money (including borrowing of grain) in violation of Article 58 (2) of the former Agricultural Cooperatives Act

Under Article 58 (2) of the former Agricultural Cooperatives Act, the same agricultural cooperative can borrow funds necessary to achieve the objectives of its business from a military agricultural cooperative, and the borrowing of funds from other outside is not permitted, and the borrowing of funds includes the borrowing of grain.

Article 58 (2) of the former Agricultural Cooperatives Act

Re-appellant

Daejeon District Court Order 73Ra132 dated February 8, 1974

The original decision is reversed, and the case is remanded to the Daejeon District Court Panel Division.

The Re-Appellant's grounds of reappeal are examined.

Even if a fisheries cooperative, which was merged with the debtor, had concluded a loan contract for grain exchange with the public-private partnership, the creditor of this case, and had been delivered grain from the public-private partnership, the above loan contract for grain exchange, such as the statement in No. 1, 1966 and No. 1967, and the agreement was reached for the return of 1968, after it had been consumed from the public-private partnership, it would be a loan contract for grain consumption. According to Article 58 (2) of the former Agricultural Cooperatives Act which was enforced at the time, this agreement would be deemed as a loan contract for grain consumption. According to the records of this case, the court below's determination that the above loan for the purpose of accomplishing the purpose of business could not be executed from the public-private partnership and that the loan for grain exchange was prohibited from being executed from being executed from the outside, and that the above loan for grain was invalid from the above auction contract for 1985,000 won. The court below's determination that the above loan for grain was invalid.

Therefore, since the original decision is not exempt from reversal in this regard, the original decision which does not require any judgment on the other issues is reversed, and the case is remanded to the Daejeon District Court Panel Division which is the original decision. It is so decided as per Disposition by the assent of all participating Justices.

Justices Seo-gu et al. (Presiding Justice)