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(영문) 대전고등법원(청주) 2016.09.30 2015나11053
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation on this part is as follows: ① Article 51-2 "Article 51-2" of the judgment of the court of first instance, ② Article 51, Article 420 of the Civil Procedure Act and Article 420 of the same Act apply to the mutual aid association of the court of first instance, the incorporated association of the court of first instance, and the Defendant's federation, "B," respectively, and ② additional documents submitted at the court of first instance, which lack to recognize the Plaintiff's assertion of the loan; ② the entry of the evidence No. 13, which is insufficient to recognize the Plaintiff's assertion of the loan, is rejected; ③ except for the addition of the judgment on the conjunctive assertion made by the Plaintiff at the court of first instance to paragraph (2).

2. In the judgment of the court, on August 3, 1990, the Plaintiff sent a letter to the members including the Plaintiff, stating that “the Defendant branch shall collect special charges, and if the management is normalization, it shall be refunded in full.” As such, the Defendant branch shall return the contributions paid by the Plaintiff in accordance with the above agreement, and even if the Defendant branch is not recognized as a party to the Civil Procedure Act, the legal act of the above Defendant branch belongs to the Defendant Federation, and accordingly, the Defendant Federation added the claim to refund the agreed amount that the Defendant Federation should return the contributions.

As seen earlier, Defendant Branch’s lack of capacity as a party under the Civil Procedure Act refers to the following circumstances, i.e., additional contributions to the vehicle affiliated with an association, in a lump sum with Defendant Branch on July 20, 1990, which may be known by adding the whole purport of the pleadings to the items stated in Articles 2 and 3 of the above evidence and the evidence set forth therein. In other words, Defendant Federation shall collect the additional contributions from the vehicle affiliated with the association on July 20, 190, but if the vehicle has no liability for additional contributions by settling accounts for each vehicle or exceeds the amount of obligation for payment in the lump sum,

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