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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is as follows, except for the additional determination of the defendant's assertion as to this case, and thus, it is consistent with the reasoning of the judgment of the court of first instance.
2. Additional determination
A. 1) On the instant lawsuit against the Defendant asserting that the Plaintiff acquired the membership of the instant association by investing KRW 2 billion in the instant association and seeking the confirmation of the membership of the association, the Defendant asserts that the instant lawsuit seeking the confirmation of the membership against the Defendant, who is not a non-corporate group, is unlawful, on the premise that the legal nature of the instant association is the non-corporate group. 2) The instant association was established pursuant to Article 20 of the former Support for Small and Medium Enterprise Establishment Act (amended by Act No. 13868, Jan. 27, 2016; hereinafter “the Small and Medium Enterprise Establishment Act”) and registered on April 27, 2015. The rules of the instant association stipulate the following matters:
(A) Purpose of subparagraphs B and 9 (No. 7 and 9) : The purpose of this Act is to provide for the matters delegated by the Small and Medium Enterprise Establishment Act, the Enforcement Decree of the same Act, the registration and management regulations of start-up business start-up business investment companies, etc. and matters agreed upon between the general partner and limited partners in the enforcement thereof (Article 1 (b) of the Regulations). The name and location of the association shall be referred to as the "C Union", and the office shall be referred to as the "C Union", and the name of the association shall be referred to the defendant's head office (Article 2 (c) of the Regulations): The association shall be entitled to membership by investing more than one unit in the association (Article 12 of the Regulations); the members of the association shall be the general partner, limited partner, and special partner (Article 13 (d) of the Regulations).