손해배상(기)
1. The appeal of this case is dismissed.
2. The costs of appeal are borne by B indicated as the representative of the plaintiff.
purport.
1. According to Article 52 of the Civil Procedure Act as to the legitimacy of the lawsuit of this case, an unincorporated association or foundation may, in the name of the association or foundation where there is a representative or manager, become a party in the name of the association or foundation. A certain organization establishes rules which have the nature of an association with its own purpose and has an organization, such as making decision-making body and appointing a representative who is the executive body. The decision-making body or execution method of business is carried out by the principle of majority majority, regardless of the organization's accession, withdrawal, etc., the organization itself remains in existence, regardless of the organization's method of representation, operation of the general meeting or board of directors, etc., composition of capital, management of property, or other important matters of the organization.
(See Supreme Court Decision 2007Da63683 Decided May 29, 2008). However, there is no evidence to identify the Plaintiff’s unique purpose, the Plaintiff’s rules, the existence of decision-making body and executive body, the method of decision-making and execution, capital and property, etc., and thus, the Plaintiff’s ability to sue cannot be recognized.
Therefore, the instant lawsuit seeking damages against the Defendant, which is not a party capacity, is unlawful.
2. Thus, the appeal of this case shall be dismissed as it is unlawful, and the judgment of the court of first instance is just, and the appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.