손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s acceptance of the judgment is the same as that of the judgment of first instance, except for the following portions, and thus, it is also accepted by the main sentence of Article 420 of the Civil Procedure Act.
Each description of evidence Nos. 1, 3, and 9 of the judgment of the first instance shall be changed to “each description of evidence Nos. 1, 3, 4, and 9” in the third part of the judgment of the first instance.
The 4th to 5th of the first instance judgment shall be amended as follows.
[2] In light of the above legal principles, according to the health team, the facts acknowledged under paragraph (1) above, each evidence, and evidence No. 5, the Plaintiff’s payment of investment and subscription money in the relevant judgment of this case, and on the premise that the Plaintiff is a member of the Defendant Union, the expulsion disposition of this case is acknowledged, based on the premise that the Plaintiff was a member of the Defendant Union. The Plaintiff did not hold a general meeting and notified the Plaintiff of the reason for expulsion, and there was
3) However, evidence Nos. 1, 3, 6, 7, 8 (including paper numbers, hereinafter the same shall apply)
In full view of the following circumstances recognized by the respective descriptions of evidence Nos. 1 through 4, 6, 12, and 18 and the purport of the entire pleadings, it constitutes a case where the instant expulsion disposition was rendered against the Plaintiff solely on the ground of the nominal reason for the purpose of leaving the Plaintiff from the Defendant Union, even though there is no ground for expulsion, etc.
It is difficult to view that a disadvantageous disposition was made even though such circumstance could have been easily recognizable if it was objectively apparent that it does not constitute a reason for expulsion prescribed in the articles of incorporation, etc. or that it is not possible to use it as a reason for expulsion, etc.
Ultimately, the evidence submitted by the Plaintiff alone is insufficient to deem the instant disposition to constitute a tort against the Plaintiff, and there is no evidence to acknowledge it otherwise.
Article 18 subparagraph 1 of the articles of incorporation of a defendant's association shall constitute expulsion.