1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Basic Facts

The plaintiff is a corporation with the purpose of promoting the promotion of agricultural production and the improvement of economic, social and cultural status of its members who have their addresses, addresses, and places of business in Seosan-si. The defendant was a person who had been in office as the head of the plaintiff's association from March 2005 to September 2014.

While the Defendant was in office as the head of the partnership, the Plaintiff executed 6,650,000 welfare expenses (totaling 3,600,000 won for clothes) on 22 occasions in relation to the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and the purport of the entire pleadings, the plaintiff's articles of association asserted by the defendant as to the main defense of safety shall be stipulated as a resolution of the board of directors and the general meeting or the board of representatives acting in lieu of the matters concerning disciplinary action and compensation against the president of the partnership, and the lawsuit against the president of the partnership shall be represented by

However, the Plaintiff filed the instant lawsuit against the Defendant without a resolution of the board of directors, the general meeting, or the board of representatives, and since the auditor does not represent the Plaintiff, the instant lawsuit is unlawful.

Judgment

Unlike a non-corporate body, the plaintiff is a corporate body and is not required to make a separate resolution for filing a lawsuit, except in extenuating circumstances.

According to the statement in Eul evidence 5, the plaintiff's articles of association provides that disciplinary action and compensation against the president of an association shall be decided by the board of directors, a general meeting, or a council of delegates (Articles 37 (1) 6, 46 (1), and 49 (1) 9), and the auditor shall represent the association when a lawsuit is filed against the president (Article 53 (2) of the articles of association). However, all of the above provisions apply to cases where a partnership is filed against the president of the association, and there is no ground to regard that the above provisions shall apply to the defendant who is not the president of the

Therefore, all of the defendant's arguments are without merit.

The plaintiff's assertion on the merits.