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The defendant shall be innocent.
Reasons
1. The Defendant is the president of the organization B (hereinafter “B”) who is in charge of the affairs of the said organization, such as budget execution, as the president of the said organization.
B Members C of the organization filed a lawsuit to confirm the invalidity of the resolution of the general assembly at the Seoul Western District Court on August 9, 2017, 2017, 2017 Gohap filed a lawsuit to confirm the invalidity of the resolution of the general assembly at 36253. The purport of the claim is that the organization B is invalid at the special meeting held on May 17, 2017, since the resolution of which the Defendant was elected as the chairperson is confirmed to be invalid, the formal party of the lawsuit at issue or the actual party is the defendant, and thus, the
Nevertheless, on August 24, 2017, the Defendant appointed a law firm F as a defense counsel at the office of Yongsan-gu Seoul Metropolitan Government 4-E Group B, Yongsan-gu, Seoul, the Defendant: (a) decided to pay 11 million won out of the general donations made by members of the organizations to use it for welfare expenses, such as funeral expenses; (b) prepared a written resolution of expenditure with such content; (c) remitted the amount of KRW 11 million to the law firm account on the same day; (d) on March 8, 2018, the Seoul High Court 2018Na205377, which was the appellate court of the said lawsuit, transferred the general donation of KRW 4,400,000,000 in total to the above law firm account with the commission of attorney-at-law in the litigation to confirm the invalidity of the general assembly resolution.
2. Determination
A. Where a legal entity itself becomes a party to a lawsuit, in principle, the performance of the lawsuit can be deemed as a legal entity’s business performance. Thus, the legal entity is formally a party to the lawsuit, and there is a separate party to the lawsuit, and the legal entity may pay attorney fees at the cost of the legal entity unless there are special circumstances to deem that there is no particular interest in the outcome of the lawsuit (see, e.g., Supreme Court Decision 2007Do9679, Jun. 26, 2008). B. The following facts are acknowledged based on the evidence duly adopted and investigated
(1)