beta
(영문) 광주지방법원 2017.05.12 2016나58962

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

A. On February 11, 2014, the Defendant issued a payment order (hereinafter “instant payment order”) with the content that “Plaintiff clans, J and M shall jointly and severally pay KRW 65,050,360 and delay damages therefor to the Defendant” (hereinafter “instant payment order”) by requesting the payment order against Plaintiff clans, J and M (hereinafter “J”) and the said payment order was finalized on April 17, 2014.

B. On August 19, 2014, the Defendant applied for a payment order against the Plaintiff clan and M, and issued a payment order stating that “the Plaintiff’s clan and M shall jointly and severally pay KRW 20,000,000 to the Defendant and delay damages therefrom” (hereinafter “instant payment order”) by the Gwangju District Court Decision 2014Da6149, August 19, 2014. The payment order was finalized on September 27, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that the defendant's argument that the representative of the plaintiff clan is not a legitimate representative of the plaintiff clan, since he was elected at the general meeting held without convening a notice for convening a general meeting of shareholders to all the members of the plaintiff clan.

(b) If members of a clan regularly gather at a certain place on a fixed day each year in accordance with the rules or practices of the clan and are to deal with the religious affairs of the clan, it is not necessary to separately convene a clan meeting.

(See Supreme Court Decision 2005Da36298 delivered on December 8, 2005, etc.). According to Article 10(1) of the Rules of the plaintiff clan Nos. 2-1 and 3-6, the general meeting of the plaintiff clans shall be held once a year on January 25, 200, and the plaintiff clans shall hold a general meeting of shareholders on March 25, 201 and recognize the fact that they elected AJ as the representative of the plaintiff clans.