손해배상(기)
1. The Defendant’s KRW 30,000,000 as well as 5% per annum from December 21, 2015 to August 3, 2016 to the Plaintiff.
1. The defendant's defense on the defendant's merits is not a legitimate representative of C, who is the representative of the plaintiff's clan, but a resolution of the general meeting of clans on the filing of the lawsuit of this case is unlawful.
On July 27, 2013, with the permission of the convening of the general meeting of the clan (287 list) by the Seoul Western District Court 2013 non-conforming18, the plaintiff clan opened the previous clan on July 27, 2013 (the delegation letter 120, the total of 156 members present, Gap 2 and 35). Article 21 of the amended clan provides that the general meeting shall be comprised of executive officers and representatives (the number of members of the plaintiff clans shall be appointed from among four doors of the plaintiff clans).
[In principle, the general meeting of clans is composed of the entire members. The above provision is valid since it can be deemed that the resolution passed at the general meeting by adopting the representative system is adopted to handle the matters that had been resolved at the general meeting in the officers and representatives' meeting (see, e.g., Supreme Court Decisions 2002Da1154, Apr. 12, 2002; 86Meu670, Mar. 14, 1989). Thereafter, the members requested the defendant who was the representative of a clan at the time of the clan around August 2, 2013 to hold an extraordinary general meeting on September 7, 2013, according to the amendment clause that the defendant failed to comply with it, each director and the representative for each type of clan and elected the plaintiff as the representative of the clan.
(A) The minutes of the extraordinary general meeting of September 7, 2013 among the evidence Nos. 2, while the Defendant, on the other hand, became guilty of imprisonment with prison labor for one year for the crime of embezzlement of other property of the Plaintiff clan, and became disqualified pursuant to Article 14 subparag. 5 of the revised clan. The Defendant has resolved to file the instant lawsuit at the general meeting of June 10, 2016 (the general meeting comprised of the president, directors, and representatives according to the revised pledge) (Evidence No. 11), and thereafter, held the instant lawsuit on January 12, 2017, by giving a notice of convocation to the members who can be called again.