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(영문) 서울중앙지방법원 2016.08.25 2016나13542
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Appointeds)'s claims against the defendants are all dismissed.

3...

Reasons

1. Basic facts

A. Gsports club (hereinafter “instant club”) is an organization comprised of persons who engage in the activities of the G Sports Center in Gwanak-gu in Seoul Special Metropolitan City for Egymna.

The Plaintiff (Appointed Party, hereinafter referred to as the “Plaintiff”) A, Plaintiff B, and Selection E, Selection F (hereinafter referred to as the “Plaintiff A, etc.”) and the Defendants are members of the instant club.

B. At the election of the president of the instant club, Plaintiff A and H run as a candidate on November 24, 2013, H was elected as the president.

C. Article 21 of the articles of association of the instant club provides that, with respect to the punishment for the members, the standing committee shall be composed of a chairperson (chairperson and vice-chairperson) and the standing committee shall be a member (Paragraph 1); (1) a person who damages or damages the reputation of the defendant; (2) a person who encourages division by slandering the defendant; (3) a person who interferes with various meetings; (4) a person who interferes with an election campaign; or a person who interferes with or threatens members; and (5) a person who fails to perform his/her duties within a week upon being given a warning once due to the unpaid membership fees for at least three months.

(Paragraph 3), d.

On January 12, 2014, the instant club held a standing committee (hereinafter “the first standing committee”) at which 15 members, including the Defendants, who are vice-chairpersons, were present, and passed a resolution to dismiss Plaintiff A, etc. with the consent of all participating members.

E. On October 16, 2014, the instant club held a standing committee (hereinafter referred to as “the second standing committee”) at which 12 members, including the Defendants, attend a meeting (hereinafter referred to as “the second standing committee”) and resolved that the expulsion of four members, including Plaintiff A, etc. would be decided by the vote of all members at the ordinary meeting, and thereafter, the general meeting held on November 16, 2014 and passed a resolution with the consent of a majority of the members.

F. On June 27, 2015, the instant club does not exceed 17 members of the standing committee, including the Defendants, who again attended a group of 17 members including the Defendants, and is in the third place.

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