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(영문) 대전지방법원천안지원 2015.06.25 2013가단20782
손해배상(기)
Text

1. The plaintiff and the defendant Dongcheon-si and the defendant Dongcheon-gu Office jointly with 30,664,818 won, and the above defendants.

Reasons

1. The defendant Dongcheon-gu Council of the People's Republic of Korea asserts that the defendant's defense of this safety has no capacity to be a party under the Civil Procedure Act as a subordinate organ of the Korea Youth Association of the non-party

Even one of the subordinate organizations of an incorporated association, if it has the substance as an organization and performs its own activities, it can be viewed as a non-corporate group independent from the incorporated association.

Therefore, in full view of the contents of Gap evidence 10-1 through 3, Eul evidence 11-1 through 9, Eul evidence 11-1, and Eul evidence 4, the defendant Dongcheon-gu Youth Association was a subordinate institution of the Korean Youth Association, a corporate incorporated association, under the agreement of this case with the defendant Yancheon-si and the insured, and under the liability insurance contract with the defendant himself as the insured, under the independent articles of incorporation and management regulations, the duties are performed in accordance with the general meeting decision making, and the duties are performed in accordance with the central organization, and activities are performed separately from the central organization.

Since it is recognized that the defendant Dongcheon-gu Office is in charge of various events held in the Dongcheon-si, the defendant Dongcheon-gu Office is an independent non-corporate body and has the capacity to be a party, the defense of the defendant Dongcheon-gu Office is without merit.

2. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant Boan-si, as a local government, is a “F camping site” (hereinafter “instant camping site”) for the purpose of providing juvenile training activities support and family camping site, etc. to Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “Yan-gu”).

(2) The Defendant Dongcheon-gu Office established and owned the instant camping site and provided it to the general public for use, and the Defendant Dongcheon-gu Office concluded an entrusted operation agreement on the instant camping site with the Sincheon-si and the instant camping site, and Nonparty Dong was affiliated with the Dongcheon-gu Office and managed the instant camping site. (2) Defendant Dongcheon-si was affiliated with the Dongcheon-gu Office on June 5, 2012.

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