1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by J.

Purport of claim and appeal

[Claim]

1. Whether a subsequent appeal is lawful;

A. On April 29, 2016, the Plaintiff asserted the Defendant’s assertion 1) filed the instant lawsuit against the Defendant on April 29, 2016, and entered the Defendant’s representative in the president of the partnership as C, and all of the judgment of the first instance that rendered a duplicate of the complaint and the judgment were served on C. However, inasmuch as the Defendant’s election of the president of the partnership on February 28, 2013 is the lawful representative of the Defendant, the instant lawsuit that was initiated by the Defendant as the Defendant’s representative is unlawful. Meanwhile, the instant lawsuit that was initiated by the Justice as the Defendant’s representative was unlawful. On the other hand, the Defendant’s representative verified the copy of the instant judgment on September 20, 2016 and discovered the fact that the first instance judgment was pronounced, and the appeal for the instant subsequent completion filed within two weeks thereafter was lawful. 2) The Plaintiff’s allegation that the Plaintiff was elected as the head of the Defendant partnership on February 28, 2013.

Even if the resignation is not recognized, there was a resolution to dismiss the J at the extraordinary general meeting of July 12, 2014 by the Defendant. If the removal resolution is not recognized, the term of office of the president of the J has expired on March 31, 2016, so the J is no longer the Defendant’s representative after April 29, 2016, the date of the instant lawsuit.

The defendant, at least after the decision was made on October 18, 2016, which was the lawsuit of confirming the status of the president of an association filed by the plaintiff against the defendant (Yawon District Court Decision 2015Dahap21766 decided Oct. 13, 2016), has continued to have the absence of representative.

Therefore, the subsequent appeal of this case filed by J without legitimate power of representation should be dismissed as it is unlawful.

Even if the J has the legitimate power of representation, on July 28, 2016, which is the date of the first instance judgment, the J knew of the existence of the said judgment, and on August 3, 2016, on which the judgment was served to the Defendant, and on August 3, 2016, the J asserts that the Defendant is the Defendant’s representative is limited to two weeks thereafter.