손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The defendant's objection against the defendant in this case against the defendant is a lawsuit against a non-qualified person, and therefore, the defendant's objection against the defendant in this case is unlawful as a lawsuit against the non-qualified person. Thus, in the lawsuit for performance, the defendant's standing to be the defendant in the lawsuit for performance is in place of the plaintiff's own claim and the judgment is added to the decision of the propriety of the claim, so the person alleged as the obligor is the defendant (see, e.g., Supreme Court Decision 95Da18451, Nov. 28, 1995). Thus, the defendant is a party against the plaintiff as the party who is alleged as the obligor from the plaintiff
2. Judgment on the merits
A. 1) Fact-finding 1) Jartton clubs are organizations composed of persons engaged in the activities of the Edridton club in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant club”).
(2) On November 24, 2013, the Plaintiffs were members of the instant club, and the Defendant was the president of the instant club. The election of the president of the instant club was held on November 24, 2013. Plaintiff A and the Defendant were elected as the president. Of which, the Defendant was elected as the president.
3) On January 12, 2014, the Defendant held the instant club punishment committee. The said committee’s resolution to dismiss the Plaintiffs from the instant club (hereinafter “instant resolution”).
A) On January 13, 2014, the Defendant sent text messages to the Plaintiffs, which were expelled from the instant club, and notified the Plaintiffs of the resolution for expulsion. After that, there was a dispute over the validity of the resolution for expulsion between the Plaintiffs and the Defendant. 4) On January 29, 2014, the Plaintiffs filed a lawsuit seeking confirmation of invalidity of the resolution for expulsion as Seoul Central District Court 2014Gahap5437.
On the other hand, the instant club is divided into the instant club by forming the private organization of the Plaintiff, and it interferes with or intentionally interferes with various meetings, such as the extraordinary meeting, monthly meeting, etc. of the instant club.