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(영문) 수원지방법원 2015.11.06 2015나13321
손해배상금
Text

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.

Reasons

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s summary of the Plaintiff’s assertion is as follows: (a) from September 2013 to September 3, 2013, the title “D” (hereinafter “instant zone”).

(1) The “E of the Incorporated Association” (hereinafter referred to as the “instant federation”) that operates and receives support from the Gunposi City.

(2) The Defendant, who is the commander of the instant federation, asked the Defendant the requirements for joining the instant federation in a regular manner, and the Defendant promised to establish an office in the Plaintiff and to subscribe the instant zone to the instant federation when ordering her uniform. Accordingly, the Defendant intentionally failed to join the instant federation, even though the Plaintiff established an office in which 3.98 million won was paid, and ordered her uniform to the Defendant, and the Defendant intentionally failed to join the instant federation. As a result, the Plaintiff incurred a total of 3.98 million won, including the expenses for the establishment of the office, etc., thereby, was liable to compensate the Plaintiff for damages. (2) The Defendant is not obliged to notify the Plaintiff of the requirements and procedures for joining the instant federation, and there is no promise to compel the Plaintiff to join the instant federation.

Furthermore, whether to approve the joining of the instant federation is determined at the board of directors, and does not have an independent authority to the defendant.

B. We examine the following circumstances, i.e., the matters concerning “approval to establish a new area” in Article 9 of the articles of association of the Association of this case is determined by the resolution of an extraordinary general meeting or a general meeting of shareholders, and the resolution of the Association of this case is required by Article 10 with the consent of a majority of the present members or more.

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