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(영문) 부산지방법원 2018.01.19 2017나4260
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff was a member of the Busan Dongdong-gu D Senior Complex (hereinafter “instant senior citizen center”), Defendant B is the chairperson of the instant senior citizen center, and Defendant C is the head of the E, an incorporated association E (hereinafter “E”).

B. On February 10, 2015, the E branch of the F branch of the organization held a standing committee to remove the Plaintiff for the following reasons (hereinafter “instant expulsion disposition”). The reason for expulsion was: (a) written statement of the reason for expulsion; (b) the Plaintiff opened a three-year executive meeting on April 25, 2014; (c) the Plaintiff was unable to voluntarily remove the Plaintiff; (d) the Plaintiff arbitrarily issued an order for expulsion; (b) the Defendant B committed a criminal act; and (c) voluntarily issued a request for resignation or removal at the F branch of the organization; and (d) filed a civil petition to cause serious damage to the reputation of the senior citizen center by filing a civil petition.

- On January 16, 2015, after reviewing the minutes of the meeting of the executive members of the instant center for senior citizens, the Plaintiff has impeded the atmosphere of the center for senior citizens, and the honor of the members has been respected, and the expulsion has been taken with the consent of four among the four executive members.

- The plaintiff's act inside the center for older persons was committed by all the various circles, such as the Dong-gu Office and the Dong-dong Police Station, which shall not be a member, such as filing a lawsuit and filing a complaint, etc., and thus, the committee for deliberation on punishment should take measures for expulsion in order to honor the entire center for older persons and E groups.

[Ground of recognition] In the absence of dispute, Gap evidence 1, 2, Eul evidence 3 (including number ; hereinafter the same shall apply)

2. The assertion and judgment

A. The Plaintiff’s assertion was a member of the instant center for senior citizens, and the Defendants conspired to act in collusion with the Plaintiff, which was unfairly expelled from the E organization, and on the ground of the disposition of expulsion, the Plaintiff committed a tort prohibiting the Plaintiff from entering the instant center for senior citizens for five years, thereby impairing the Plaintiff’s honor.

Therefore, the defendants committed the above illegal act against the plaintiff.

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