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(영문) 서울북부지방법원 2016.11.15 2015나36134

부당이득금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. C religious organization D's association (hereinafter "the association of this case") is a union member belonging to C's joint religious organization. The plaintiff is a member of the E's association of this case, who is a member of the E's association of this case and has been engaged in the president of 176,177 of the association of this case. F is a member of the G church of this case who belongs to the association of this case, and the defendant is a member of the H church of this case.

B. On April 9, 2013, K filed a complaint with the instant Trade Association on the ground that “Plaintiffs and F (hereinafter “Plaintiffs and F”) committed each act of the election commission and political party activities at the 178th election of executives of the instant Trade Association, and made an illegal speech at the site of the Trade Association,” on the grounds that “Plaintiffs and F (hereinafter “Plaintiffs and F”) committed each act of the election commission and political party activities at the 178th election of executives of the instant Trade Association.”

Accordingly, on May 2, 2013, the instant Trade Association convened the 178-1 temporary labor union on May 2, 2013 with the petition of the Daegu Lridge M pastor, etc., and appointed the Defendant, etc. as a trial source. On July 1, 2013, the said trial state rendered a judgment on the following: “The Plaintiff shall be dismissed from the delegated pastor, the cancellation of the right of president of the party branch, and the expulsion and expulsion of the posts” (hereinafter “the first judgment”).

C. The Plaintiff’s dismissal from office and dismissal from office cannot be viewed as removal from office due to the first judgment rendered by the lower court, and thus, it was difficult to serve as a member of the lower court as a member of the lower court, and on July 11, 2013, the Plaintiff complained of the Defendant who was led as a member of the lower court of the instant Trade Association and was in the leading position as a member of the lower court.

Therefore, the defendant should recover a punishment, i.e., the recovery of a personal injury, and make it possible for the defendant to engage in a parliamentary activities, so that the defendant would pay 12 million won to the N account, a person in charge of accounting affairs of the union of this case, under the pretext of temporary union expenses and trial expenses, and he should do so to the plaintiff by the logic of 'self-deliberation' (the logic of re-deliberation). If you do so, I must send money to the plaintiff in advance.