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(영문) 서울고등법원 2017.12.15 2016나2089135

손해배상 등

Text

1.The part concerning the defendant in the judgment of the first instance, including the claims extended by this court, is as follows:

Reasons

1. Basic facts

A. The Defendant Association is an organization established with the aim of cooperating in the implementation of national books on the projects of Seoul Special Metropolitan City, demonstrating the public interest of E projects, and promoting mutual friendship and welfare of its members.

Around December 199, the Plaintiff joined the Defendant Association as a member, and was elected as a four-year representative on February 5, 2008. On February 5, 2012 after the expiration of the term of office, the Plaintiff was again elected as a representative on February 5, 2012. On March 15, 2012, the Plaintiff was also appointed as an executive of the Defendant Association’s Welfare Association.

B. In the special meeting on August 17, 2012, the Defendant Association: (a) concluded a resolution of expulsion from the Plaintiff’s member on the ground that the Plaintiff filed a petition against the executive officers of the Defendant Association to conduct an investigation; and (b) issued a disposition of non-guilty on July 23, 2012; and (c) notified the Plaintiff on August 20, 2012.

C. On November 9, 2012, the Plaintiff filed an application for a provisional disposition seeking the suspension of validity of the “resolution of Expulsion” with the Seoul Eastern District Court 2012Kahap1565, which cited the Plaintiff’s application on the condition that the Plaintiff deposited KRW 50 million with the Seoul Eastern District Court or submitted the document concluding a contract for the entrustment of payment guarantee with the payment guarantee that the amount of KRW 50 million is the insurance amount.

On February 1, 2013, the Defendant Association filed an objection, but the authorization was issued by Seoul Eastern District Court 2012Kahap2033 on February 1, 2013. On August 29, 2013, the Seoul Eastern District Court dismissed the appeal by the Defendant Association against the authorization decision issued by Seoul High Court 2013Ra251.

In addition, on February 13, 2013, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the “resolution of Expulsion”, and sentenced on February 13, 2013, the Seoul Eastern District Court 2012Gahap14119 to the effect that the Plaintiff’s act of expulsion was unlawful and invalid.

Although the Defendant Association was dissatisfied, the appeal was dismissed by the Seoul High Court Decision 2013Na17973 on October 31, 2013, and the appeal was dismissed by the Supreme Court Decision 2013Da86366 on February 28, 2014, and is related.