The nature of the former Rules of Shipbuilding Fisheries Associations (Ordinance No. 114 of Dec. 10, 1929)

The rules of the shipbuilding Fisheries Association (29.12.10) cannot be interpreted as simply a internal rule concerning the execution of duties inside the Fisheries Association, which was enacted by the Ordinance of the Prime Minister of Maritime Affairs and Fisheries.

Article 18 of the former Rules on Shipbuilding Fisheries Cooperatives

Kim Sung-sung

South Sea Fisheries Cooperatives

Gwangju District Court Decision 63Na119 delivered on July 24, 1963

We reverse the original judgment.

This case is remanded to the Gwangju High Court.

We examine the Plaintiff’s ground of appeal.

(1) According to the court below's judgment on the ground of appeal Nos. 1, 4, 5, and 2-1 through 5-4 of the evidence Nos. 1, 2-1 to 6 of the evidence No. 5 of the above bank, and the testimony of Emp. 5 of Emp. 1 to Emp. 5 of Emp. 5 of the witness Park Jong-si, the plaintiff purchased the Emp. Kim Jong-sung from his Kim Jong-sung and fully paid the price. The above Kim Jong-sung borrowed money from the Busan branch of the Korea Development Bank as security on the ship, and the above Kim Jong-sung borrowed money from the Busan branch of the Korea Development Bank as security, and the above Kim Jong-sung borrowed money from the above branch of the Korea Development Bank. In the event Kim Jong-sung's above Kim Jong-sung did not pay the plaintiff jointly and severally liable to the above bank, the defendant's transferee and the co-defendant in the court below did not recognize the above obligation of repayment of the above Kim-sung's loan.

(2) According to the court below's decision as to Article 2 of the Reasons for Appeal, the court below may recognize that Article 18 of the Rules of the Shipbuilding and Fisheries Cooperatives (Ordinance No. 114 of Dec. 10, 1929) provides that "in relation to the performance of duties of fisheries associations, the head of the association and the directors shall jointly execute such duties." However, the above provisions cannot be interpreted as an act belonging to the union, and the effect of a juristic act in the case of a director's external representation of the union in accordance with general principles. According to Article 18 (1) of the Rules of the Shipbuilding and the directors of the association, the above rules of the fisheries association provide that "the executive director and the directors of the association shall jointly execute the duties of the association and represent the association." Since it is apparent that the above rules of the fisheries association were enacted with the president and the directors of the association, it cannot be interpreted that the act of bearing joint and several obligations on behalf of others of the association is merely an act belonging to the union's regular business affairs.

Therefore, this case's ground of appeal is reasonable and the original judgment is unfair, and thus, it is so decided as per Disposition by the assent of all participating judges, as it is deemed necessary to have the original court make a new trial and determination.

The judge of the Supreme Court (Presiding Judge) Magman (Presiding Judge) Mag-Jak and Mag-Jak Ling Ling Ling-Jing Ling Ling