손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion as to the cause of the claim was delegated by Jeju Special Self-Governing Province to the management of the relevant memorial tower, which is the owner of the C senior tower (hereinafter “instant memorial tower”).
On the lower part of the front part of the memorial tower of this case, the Defendant included the instant memorial tower “E, the president B of the DNA Federation, the director F, G, and H of the DNA Federation,” and damaged the instant memorial tower.
The construction cost of KRW 28,977,00 is required to recover the damaged part of the Defendant. Therefore, the Defendant is obligated to pay the above amount to the Plaintiff.
2. Judgment on the main defense of this case
A. The plaintiff is merely an organization voluntarily created by I, and there is no party ability or standing to sue.
B. In full view of the overall purport of the arguments in evidence Nos. 2, 3, and 13, the Plaintiff is deemed to be a combination of many persons organized for a certain purpose as an organization with I’s representative and to have been engaged in social activities. Therefore, the Plaintiff is competent to be a party.
In addition, in the lawsuit of performance, it is not necessary that the person who asserts the right to sue has the right to demand performance and is the actual right to demand performance.
Therefore, the defendant's main defense is without merit.
3. On June 2014, the Defendant’s determination on the merits of the instant memorial tower was recognized as having damaged the memorial tower by putting it into the lower part of the front part of the instant memorial tower “D” (Evidence A4, 12, 26). However, in full view of the overall purport of the pleadings in each of the evidence Nos. 7 through 10 and 14, “J organization” (the Plaintiff’s name was changed to its current name on May 14, 2008) constructed the instant memorial tower at Jeju around May 2016, and donated the instant memorial tower at Jeju, and the instant memorial tower was designated by the Ministry of Patriots and Veterans Affairs from May 9, 2008 as memorial facilities under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”).