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(영문) 서울중앙지방법원 2018.11.16 2018가합528679

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The “E” is an organization whose primary business is damage compensation, improvement of the legal system, citizen fund-raising, etc. related to claims for damages and provisional seizure based on industrial action, and the incorporated association G (hereinafter “G”) is an organization established for the purpose of establishing G.

The Plaintiff, who is a professor of the National University and G, was a director of the National University, was participating in the E as a promoter on March 2014 and was working as a member of the 1st operating committee.

In the first operating committee of “E” held on March 28, 2014, G with directors of the Plaintiff was to provide multi-faceted support until the operation of “E” is stable.

Accordingly, G serves as the actual secretariat of “E”, uses the account in the name of G for the collection of supporters’ association funds, and there was a discussion to provide G with the office and activities.

On May 7, 2014 and May 26, 2014, a job offer notice was published on the website stating that activities to be engaged in with “E” are recruited, and the employment contract was concluded between G and H on June 2, 2014.

H Around July 2015, the situation where “E”’s work is suspended due to conflict with the Plaintiff, and “E” opened an Emergency Steering Committee on August 4, 2015 and decided to complete the main business of “E” that was promoted at the time of returning H. From September 2015 to October 2015, it decided to terminate the operation of the first Operating Committee and set up a new two Operating Committees. The Plaintiff agreed not to participate in the second activities.

“E” held a general meeting of members on April 25, 2016 and elected two operating members including the Defendants, and resolved to organize a team within the two-term operating committee to conduct a fact-finding on the case in which H had suspended its business around July 2015.

Part 1 of the problem classified is the plaintiff in the course of operation of the "E".