1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The Defendant asserted that the Plaintiff’s assertion was embezzled by arbitrarily using KRW 6,817,100 in total of the membership fees kept in 11 times from June 2, 2012 to April 22, 2013 while managing the membership fees as the head of the Plaintiff’s office from February 2, 2012.

Therefore, the defendant is obligated to pay the plaintiff damages amounting to 6,817,100 won and damages for delay.

2. We examine ex officio the legality of the instant lawsuit on the lawfulness of the instant lawsuit.

A lawsuit concerning property jointly owned by a non-corporate group shall undergo a resolution of a general meeting of members unless there are special circumstances, such as that there are other provisions in the articles of incorporation. Thus, a lawsuit filed by a non-corporate group in its name without such a resolution of general meeting of members is unlawful as it lacks the requirements for

(See Supreme Court Decision 2010Da97044 Decided July 28, 201, etc.). According to the Plaintiff’s articles of incorporation, Article 18 of the Plaintiff’s articles of incorporation provides that “all disbursement relations at the plenary session shall be resolved and disbursed by the board of directors.” Thus, the instant lawsuit is unlawful on the grounds that there is no evidence to acknowledge whether the Plaintiff was subject to the resolution of the board of directors or the general meeting of employees prior to the filing of the instant lawsuit as an act of preserving property jointly owned by the Plaintiff.

3. Thus, the plaintiff's lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is unfair, and it is so revoked and it is so decided as per Disposition.