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(영문) 광주고등법원 2020.04.29 2019나23595
임시대의원회결의무효확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows each evidence (Evidence No. 30-1 through No. 34) additionally submitted in the court of first instance, the fact-finding and judgment of the court of first instance are justifiable.

Therefore, the reasoning of this court is as follows, in addition to the dismissal or addition as follows, the corresponding part of the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. In addition, the part to be dismissed or added was prosecuted in the second to 9-10 of the judgment of the court of first instance, and the sentence of a fine not exceeding seven million won was imposed (Seoul District Court Decision 2019No3201). The above judgment is pending in the appellate trial by the appeal of the Defendants (Seoul District Court 2019No3201).

In the third part of the judgment of the first instance [based on recognition], "No. 34" is added to the column of the judgment of the court of first instance, and "All the evidence mentioned in the preceding" is added to "No. 32 and No. 34" in the fifth part.

In the first instance judgment, the part of the second part of the second part of the judgment of the court of first instance is that “the article of this case was reported due to J and L’s information,” and that “the Plaintiff’s participation in the report of defamation news is insufficient to recognize that “the article of this case was reported due to the report of the C press” even if examining all the evidence submitted by the Defendant.”

The following judgments shall be added between the 6th sentence, the 7th sentence and the 8th sentence.

Even if some of the disciplinary grounds of this case exist to the Plaintiff, it is reasonable to deem the resolution of this case to be null and void because it deviates from or abused the limit of the disciplinary right for the following reasons.

The expulsion of a member is deprived of his/her status against the will of the member, which constitutes a reason for expulsion under the articles of association.

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