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(영문) 서울고등법원(춘천) 2019.10.16 2019나50562

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is that of the court of first instance, except for the case where the plaintiff's clan added to this court as to the legitimacy of the lawsuit of this case pursuant to Article 420 of the Civil Procedure Act.

2. The part of the decision to be made by the plaintiff clans of the plaintiff clans of this case confirmed the procedural acts such as the filing of the lawsuit of this case on behalf of the plaintiff clans of this case in the past at the special general meeting of the plaintiff clan held on July 27, 2019, after the filing of the lawsuit of this case, and decided to delegate W with W the authority to conduct procedural acts on behalf of the plaintiff clans of this case. Thus, the lawsuit of this case brought by W on behalf of the plaintiff clans is lawful.

According to the records of Gap's No. 33, it is recognized that the members of the plaintiff's clan confirmed the litigation of the plaintiff's clan, such as the filing of the lawsuit, which was held on July 27, 2019, on behalf of the plaintiff's clan, in the past at the special meeting of the plaintiff's clan, and that W passed a resolution to delegate W with the authority to conduct all litigation on behalf of the plaintiff's clan

In addition, in light of the following circumstances recognized by the purport of Gap's evidence Nos. 25, 26, 27, 29, 30, 35, and Eul's evidence Nos. 1 and the entire arguments, the scope of the clan members subject to the notification of holding the special meeting in relation to the holding of the special meeting on July 27, 2019 shall be determined by the plaintiff's clan, and it appears that the plaintiff's clan made some efforts to hold the legitimate special meeting, such as identifying his/her address and sending a notice of holding the special meeting to his/her address.

① The members of the clan, recorded in the register of clan members (No. 25) prepared again by the Plaintiff to hold an extraordinary general meeting of July 27, 2019, shall be 592.

The list of members of the same clan is recorded by 9 persons as deceased, and No. 551 and No. 592.