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.

1. Basic facts

A. On October 4, 2011, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the resolution of the General Assembly of September 27, 2011 (see the following paragraph (e)), which elected the Defendant from the non-party clans as president, against the non-party clans’ “C clans” as Seoul Eastern District Court 201Gahap17357 (hereinafter “C clans”).

Although the court of first instance rendered a judgment confirming that the above resolution is null and void, the appellate court (Seoul High Court 2012Na55619) rendered a decision dismissing the part of the plaintiff's claim, and the plaintiff's appeal was dismissed by the Supreme Court and the above judgment became final and conclusive as it is.

B. On May 26, 2011, Nonparty 2 filed a lawsuit to confirm the existence of a clan with the purport that Nonparty 1 was not a member of Nonparty 1’s clan as Seoul Eastern District Court 201Gahap8971.

The above case was sentenced to dismissal of the non-party's claim in the first instance court, and the appeal by the non-party clan was dismissed and confirmed as it is.

C. On December 6, 2012, Nonparty 1, 2012, as Seoul Central District Court 2012Gahap102464, filed a lawsuit for damages with Nonparty D, etc., who was convicted of criminal charges by embezzlement of the funds of the Plaintiff and Nonparty 1,389,115,317 won, which was claimed against the said D, was jointly compensated with the said D, etc.

The court ordered the plaintiff to compensate for damages of KRW 1,389,155,262 for D, etc. at the first instance court of the above case, and recognized the plaintiff's liability for damages by limiting it to KRW 47,455,765, which is equivalent to KRW 5% of the damages incurred during the period in which the plaintiff performed his/her duties as the auditor of the non-party clan.

However, the appellate court of the above case (Seoul High Court 2013Na2020180) rendered a judgment dismissing the lawsuit on the ground that it is unlawful since the non-party clan's complaint was filed without the resolution of the general meeting among the non-party clans.