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(영문) 서울중앙지방법원 2016.10.13 2016가단21481
손해배상(기)
Text

1. The defendant is about KRW 3 million, KRW 400,00 for each of the plaintiffs (appointed parties) A and B and one million for each of them.

Reasons

1. Case progress

(a)F clubs are organizations comprised of persons engaged in activities of the Ggymnae club in Gwanak-gu in Seoul Special Metropolitan City;

(hereinafter “instant club”). B.

Plaintiff

A, B, and Selection D, and Selection E shall be members of the instant club.

C. The Defendant was elected as the president in the election of the president of the instant club, which was run by Plaintiff A and the Defendant on November 24, 2013.

On January 12, 2014, the Defendant held the instant club punishment committee, and the said committee passed a resolution to remove the Plaintiffs from the instant club (hereinafter “instant resolution”).

E. The Plaintiffs temporarily suspended the validity of the instant expulsion on May 20, 2014 upon filing an application for provisional disposition suspending the validity of the membership expulsion resolution, Seoul Central District Court Decision 2014Kahap149, and thereafter, the Seoul Central District Court Decision 2014Kahap5437, which is the principal case lawsuit, declared on October 16, 2014 that the instant expulsion resolution is null and void, and the judgment became final and conclusive on December 29, 2015, since all appeals and appeals filed by the instant club were all dismissed.

(However, the appellate court added the judgment to confirm the status of the plaintiffs' membership). 【The grounds for recognition] The fact that there is no dispute, Gap 1 through 7, and 11 through 14, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant made an insulting and defamation speech and behavior through the process of president’s election, expulsion, resolution of expulsion, monthly conference, etc., or the mobile community’s access and confirmation letter, and in the process of verbal abuse and intimidation.

(2) The Defendant: (a) prevented the Defendant from exercising its rights as a member by using physical records, etc. to interfere with the campaign.

(3) The Defendant led the bullying to cut down the human relationship.

(4) The Defendant submitted a preparatory document indicating false or distorted facts to the court, and publicly announced it on the bulletin board.

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