배당금지급
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Judgment on the defendant's main defense of safety
A. The defendant's defense is merely a partnership, and thus, the lawsuit of this case filed against the defendant is unlawful.
B. Although there is no legal personality between a union and a non-legal entity under the Civil Act, the distinction between a non-legal entity and a non-legal entity which is recognized as an association should be determined on the basis of the strong contract
A cooperative is established by a contractual relationship under which two or more persons agree to operate a joint business by investing money, other property, or labor with one another, and therefore, it is subject to the limitation from a certain group of entities. However, compared to the human combination where the personality of members is sufficiently revealed, the non-corporate group has a characteristic of an independent organization as a subject of rights and obligations, separate from the personal identity of its members.
In a case where a certain organization establishes rules that have the nature of an association with its own purpose and has an organization based on these rules, which has a decision-making body and a representative who is the executive body, and the decision-making body or the execution method of business is carried out by the principle of majority majority, and regardless of the change due to the membership, withdrawal, etc. of members, the organization itself exists and it is determined by that organization as a representative method, operation of a general meeting or board of directors, composition of capital, management of property, and other important matters as a non-corporate group.
Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate entity as a party to an action, even an unincorporated association or foundation, where it has an entity as an association or foundation and conducts social activities or transactions through its representative or manager, the dispute arising therefrom is intended to become a party to the lawsuit and settle the dispute through the lawsuit.