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(영문) 서울고등법원 2016.01.29 2014나8105
손해배상(기)
Text

1. Of the judgment of the court of first instance, it is against Defendant B’s money that orders additional payments under the following.

Reasons

1. Basic facts

A. The Plaintiff A is a resident of the E Apartment apartment located in Incheon F (hereinafter “instant apartment”), and Plaintiff A is a member of the Senior Citizens Association of the Korea Senior Citizens Association, Incheon Metropolitan City Association, the Senior Citizens Association of the Korean Senior Citizens Association (hereinafter “instant Senior Citizens Association”), and Plaintiff B is an son of the Plaintiff.

Shed Defendant C was the chairman of the instant senior citizen center, and Defendant D was the adviser of the instant senior citizen center.

B. The resolution for expulsion of the members of the center for senior citizens against Plaintiff A and its invalidity (i.e., the instant center for senior citizens) held an executive meeting on March 23, 2010, and the resolution for expulsion of Plaintiff A from the members of the center for senior citizens was adopted with the consent of all the members of the committee for senior citizens, who are present at the meeting on January 15, 2010 and March 16, 2010, and each ordinary monthly meeting held on February 20, 2010, when the Plaintiff took a bath and verbal abuse at the meeting of the general meeting, thereby failing to reach the atmosphere of the center for senior citizens and impairing the atmosphere of the center for senior citizens, and by failing to reflect the fear in the center for senior citizens due to threat against the chairperson, pursuant to Article 8(2) of the Rules of the committee for senior citizens.

B. On April 2, 2010 after the resolution of the board of directors, the instant senior citizen center made a resolution to dismiss the Plaintiff from the Plaintiff’s member by holding an extraordinary general meeting on April 15, 2010, at the meeting room of the senior citizen center, after the resolution of the board of directors on April 2, 2010. On April 15, 2010, at the meeting of 31 members, she made a resolution to dismiss the Plaintiff from the Plaintiff

(2) On April 12, 2010, Plaintiff A filed a lawsuit against the instant center for older persons to seek confirmation of the absence or invalidity of the instant resolution under the Incheon District Court Decision 2010Kahap6341, but on December 21, 2010, the Seoul High Court appealed as Seoul High Court Decision 2011Na8340, and on February 22, 2012, the instant resolution is provided an opportunity for the Plaintiff to state its opinion.

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