1. The plaintiff's claim is dismissed.

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

1. Determination on this safety defense

A. The Defendant’s main defense is not only a small-scale group within the Defendant, a non-corporate group, but also an independent non-corporate group, such as the organization, rules, meaningful activities, etc., and thus, the Plaintiff cannot be deemed as a party to the dispute.

B. Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate company as a party to a non-corporate company is not a juristic person but a juristic person has an entity as an association and is engaged in social activities or transactions through its representative or manager, disputes arising therefrom are intended for the organization to become a party to a lawsuit in its own name and be resolved through the lawsuit. Thus, an association here refers to an organization which is a combination of many persons organized for a certain purpose and whose organization is an organization externally representing an association.

(see, e.g., Supreme Court Decision 97Da18547, Dec. 9, 1997). In addition, even one of the subordinate organizations of an incorporated association, if it has the substance as above and engages in its own activities, if it has the substance as above, it shall be deemed as an unincorporated association independent from the incorporated association.

(See Supreme Court Decision 2006Da60908 Decided January 30, 2009, etc.). According to the records in the Evidence Nos. 1, 5, 6, and 7 as to this case, the plaintiff is a combination of the defendant's president and the person whose term of office has expired after he/she served as the chairperson. The articles of incorporation of the plaintiff stipulate the purpose of establishment (the consultation and support for the defendant and the chairperson of the defendant, the National Economic Association, mutual aid and other friendship activities, etc.) and the method of appointing executive officers, such as the representative, etc., and held an extraordinary general meeting separately from the defendant. Thus, it is recognized that the plaintiff held an extraordinary general meeting, the plaintiff is a non-corporate group with independent substance as an organization, and the defendant's main defense of safety is without merit.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is the defendant.