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Reasons
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(영문) 부산고등법원 2017.07.05 2016나2772
상인회원가입신청거부 처분취소
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1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning in this case is as follows, except where the plaintiff added a new judgment of the first instance court as to the assertion following the 8th sentence of the first instance judgment, the reasoning in this case is as stated in the reasoning of the first instance judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

D. On October 21, 2015, the Plaintiff asserts that, in the event of a resolution of expulsion by the Defendant’s board of directors on October 21, 2015, the uniform resolution of expulsion and expulsion without considering the reason for expulsion and the severity of punishment against individual members is unlawful as a procedural reason.

However, in light of the fact that the grounds for expulsion and expulsion by the Plaintiff and the designated parties are the same as “a person who fails to pay membership fees for at least one year,” and that the Defendant’s articles of incorporation do not stipulate any other grounds for punishment, other than expulsion, for those who have not paid membership fees for at least one year,” the Plaintiff’s assertion on this part cannot be accepted.

3. As such, the part of the lawsuit in this case concerning the defendant's resolution of expulsion as of April 28, 2014 and the request for nullification of the disposition of expulsion as of October 21, 2015, and the part concerning the request for nullification of the resolution of refusal to join the membership and the subsequent claim for nullification of the disposition of denial to join the membership as of October 21, 2015, shall be dismissed, and the remainder of the plaintiff's request shall be dismissed

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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