Effect of bearing joint and several sureties performed by representatives of small and medium enterprise cooperatives without the board of directors

According to the Small and Medium Enterprise Cooperatives Act Article 47 (2) of the Small and Medium Enterprise Cooperatives Act, when a small and medium enterprise cooperative raises funds, it shall be subject to resolution by the board of directors, which is a mandatory provision. Therefore, the bearing of joint and several liability without resolution by the board of directors of the Small

Article 47 of the Small and Medium Enterprise Cooperatives Act

Bank of Korea

Gyeongbuk Cultural Industry Cooperatives

Daegu District Court of First Instance (75Ka3513)

1. The appeal is dismissed.

2. Costs of appeal shall be borne by the applicant.

The decision of provisional seizure against immovables issued on September 17, 1975 by the same court with respect to the case of request for provisional seizure against immovables 75Ka3444 is authorized.

Litigation costs shall be borne by the respondent.

The original judgment shall be revoked and the same judgment as the purport of the application shall be sought.

In light of the above facts that the Daegu District Court concluded a provisional attachment against the respondent 1 on September 17, 1975 with 75Ka344, and there is no dispute between the parties. The applicant is jointly and severally liable to the non-party 1's association's non-party joint and several liability 37,00,000 won and 34,500 won on January 5, 1972 to the non-party 1's association's non-party joint and several liability 70,000 won and the non-party 1's non-party 2's non-party joint and several liability 97,000 won were non-party 1's non-party 2's non-party joint and several liability 9's non-party 1's non-party 2's non-party joint and several liability 9's non-party 1's non-party 2's non-party 1's non-party 7,000 won.

However, joint and several sureties's Respondents' joint and several sureties's Respondents' 1 and 2 others' Respondents' 1 and 9 others' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' 1 and 9 others' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' 7 others' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' Respondents' 9 others's Respondents 1 and 9 others's Respondents.

Therefore, the provisional attachment application of this case is deemed to have no right to be preserved, so there is no need to determine other points, and the decision of provisional attachment of this case is revoked, and the above provisional attachment application of this case is dismissed, and the judgment of the original court with the same conclusion is just, and the appeal of the applicant is without merit, and it is so decided as per Disposition with respect to the burden of litigation costs at the expense of the losing party.

Judges Kim Young-young (Presiding Judge) and Lee Tae-tae Kim