(영문) 서울고등법원 2016.09.28 2015나2050840

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.09.28 2015나2050840

조합원지위확인

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff is a member of the defendant's tugboat business cooperative.

Reasons

1. The basic facts;

2. The grounds for this part of the allegations by the parties are as follows, except in those cases, the reasons for this part are as follows: (a) the first to the third to the tenth (10) of the first to the fourth (4) of the judgment of the court of first instance; and (b) the 5th to the 11th (10) of the first to the 11th (10) of the judgment of the court of first instance (hereinafter “2. Party’s assertion”); and (c) therefore, they are cited as

The fifth 10th "Defendant" in the fifth 10th st judgment of the first instance, and the "debtor" in the 11th st st "Defendant Union" shall be respectively deemed to be the "Defendant Union."

Each “creditor” in the 5th 11st, the 6 second st, shall be raised to “Plaintiff”.

The 7th and the 3rd of the judgment of the court of first instance are as follows: “The Defendant Union paid each of the money indicated in the “amount of repayment” column to the Plaintiff as indirect compulsory performance on each corresponding day in accordance with the decision of indirect compulsory performance (Evidence B, No. 11, 13, and 14).”

3. The reasons for this part concerning the claim for confirmation of membership are as shown in the text of Article 420 of the Civil Procedure Act, except that the 13th to the 8th to the 16th to the 16th to the 8th to the 13th to the 13th to the 16th 8th, in the judgment of the court of first instance. Thus, the reasons for this part are as follows.

“Disposition of expulsion against a member of an organization, such as the Defendant Cooperatives, is deprived of a member’s status against the will of the member. Therefore, it is recognized as a final means only in extenuating circumstances for the benefit of the association (see Supreme Court Decision 93Da21750, May 10, 1994). As seen in the instant case, “In determining whether there is justifiable reason to refuse the membership of the association on account of the circumstances constituting the reason for expulsion,” the above disposition of expulsion needs to be recognized as limited in light of the strictness of

4. Determination on the claim for damages

(a) In the case of the Defendant Union, one of the liability for damages occurs.

참조조문

-민사소송법 제420조

참조판례

-대법원 1994. 5. 10. 선고 93다21750 판결

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