손해배상(언)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is in accordance with paragraph (1).
1. The reasoning for the court’s explanation concerning this case is as follows: “Industrial Safety and Health Institute” in Section 7 of the judgment of the first instance shall be deemed as “Korea Industrial Safety and Health Institute”; “The date of this judgment” in Chapter 9 shall be deemed as “the date of the judgment of the first instance”; “the date of the judgment” in Part 13 (Attachment 3) and “the date of December 3, 2015” in Part 6 of Part 13 (Attachment 3) shall be deemed as “the date of February 3, 2016”; and the Defendant’s assertion emphasized or added by this court shall be deemed as indicated in the reasoning of the judgment of the first instance except for the addition of “2. Additional Decision” in the main sentence of Article 420 of the Civil Procedure Act, which shall be cited as it is.
2. Additional determination
A. The Defendant’s main defense and judgment 1) Unless there are special circumstances such as otherwise stipulated in the articles of incorporation, when a non-corporate group of non-corporate groups that filed a lawsuit on property jointly owned by the Defendant’s main defense, it shall undergo a resolution of the general meeting of members. Thus, the instant lawsuit is unlawful since the Plaintiff, a non-corporate group, did not undergo a resolution of the general meeting of members prior to the instant lawsuit. 2) Unless special circumstances exist, such as where a non-corporate group files a lawsuit on property jointly owned by the non-corporate group, it shall undergo a resolution of the general meeting of members. Thus, the lawsuit filed in its name without the resolution of the general meeting of members
(See Supreme Court Decision 2006Da64573 Decided July 26, 2007, etc.). In light of the above legal principles, the instant case did not have a resolution at the Plaintiff’s general meeting of members regarding the instant lawsuit at the time of filing the instant lawsuit with the Health Team and the Private School.
In full view of the purport of the entire arguments, the Plaintiff’s general assembly held a general meeting on July 6, 2018, and the Plaintiff’s general meeting confirmed the instant procedural acts by a resolution of 13 full-time members of the Plaintiff’s regular members (including regular members delegated with voting rights).