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(영문) 대구고등법원 2019.05.09 2018나23903
정직처분무효소송
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is that of the court of first instance citing the reasoning of the judgment as to the instant case, since it is identical to the ground of the judgment of the court of first instance excluding adding or adding a part of the following. Thus, this is acceptable in accordance with the main sentence

2. As to the part added or added, the “matters of the statement” of 7th 2-3 written judgment of the court of first instance shall be written in the form of “written contents stating the summary of the statement”.

The 7th 9 to 10th 10 of the first instance judgment "(2) of this case appears to take the measures of this case" shall be taken as follows.

(2) The following is added to the first 8th 15th 15 of the judgment of the court of first instance, “The measure of this case is deemed to be a measure taken against the instant D Association pursuant to Article 26(1)3, by distinguishing the unlawful and unjustifiable matters stipulated in Article 21(1) of the Defendant’s Inspection Regulations after investigating the specific matters of the instant D Association.”

[This fact may be recognized according to the statements in Gap evidence 1-4, Eul evidence 4, Eul evidence 6-1, and Eul evidence 6-2. Contrary thereto, Gap evidence 19 and some testimony of this court witness Q of this court is difficult to believe. Meanwhile, prior to the holding of June 21, 2017, the deliberation committee on the disciplinary action of this case stated that "the plaintiff allowed the member to become a member at the request of the vice-chairperson with the knowledge of lack of documents (Evidence 4)," in relation thereto, "The plaintiff also stated that "the member was allowed to become a member upon the request of the vice-chairperson with the knowledge of lack of documents (Evidence 4)."

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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