In case where the assumption of obligation of a private school and the issuance of a promissory note to secure it become null and void due to their failure to take any procedure as prescribed by the Private School Act, whether the original obligor’s liability

When a school foundation accepts debts and issues promissory notes, if the assumption of obligations or the issuance of promissory notes becomes invalid because it fails to follow the procedures prescribed by the Private School Act, the original debtor's obligations shall not be extinguished.

Article 453 of the Civil Act, Articles 16 and 28 of the Private School Act

Plaintiff

[Defendant-Appellee] Plaintiff 1 and 3 others

Jeonju District Court Decision 73Na49 delivered on December 28, 1973

The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the Jeonju District Court Panel Division.

The plaintiff's appeal is dismissed.

Expenses incurred by the plaintiff's appeal shall be borne by the plaintiff.

As to the Defendant’s Attorney’s ground of appeal:

In its reasoning explanation, the original judgment: (a) in order for the defendant to take over and secure the obligation to the plaintiff of the non-party corporation, the representative director of the non-party corporation issued this Promissory Notes; (b) the defendant did not obtain approval from the board of directors or supervisory authorities of the defendant corporation in acquiring the above obligation and issued the said Promissory Notes; and (c) the obligation of the non-party corporation was extinguished because the defendant did not take over the obligation of the non-party corporation; and (d) the obligation of the non-party corporation was extinguished; and (e) the defendant paid damages to the plaintiff due to the issuance of the said Promissory Notes; and (e) the defendant was responsible for compensating the plaintiff for the damage suffered by the plaintiff due to the performance of duties by the representative director of the non-party corporation. However, the defendant did not follow the procedures prescribed by the Private School Act in acquiring the obligation of the non-party corporation and the issuance of the Promissory Notes is inconsistent with the reasoning that the obligation to the plaintiff of the above non-party corporation was extinguished.

The Plaintiff’s ground of appeal Nos. 1 and 2

The judgment of the court below in which the defendant corporation's acceptance of the above obligation or the issuance of promissory notes to secure it is null and void because it did not follow the procedure as prescribed by the Private School Act, and such invalidity may be asserted to the plaintiff regardless of good faith or bad faith, is just and there is no error of law in law. If tort is established due to the defendant's assumption of obligation and the issuance of promissory notes, there is no error of law by recognizing the plaintiff's negligence and offsetting

Therefore, pursuant to Articles 400, 406, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

Justices Rin- Port (Presiding Justice)