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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 plaintiff filed a claim against the defendant for the payment of litigation costs (658,500 won) and operating losses (6,000,000 won), consolation money (7,000,000 won). The court of first instance dismissed the part of the claim of litigation costs except consolation money of KRW 2,000,000,000, and dismissed the part of the claim of operating losses.
Therefore, since only the defendant appealed, the scope of this court's trial is limited to the claim of consolation money.
2. Facts of recognition;
A. On September 3, 2013, Defendant club passed a resolution to dismiss the Plaintiff, who was a member of Defendant club, at the board of directors of the club held on September 3, 2013.
B. Accordingly, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the expulsion of a member with the Seoul Western District Court 2014Gahap1942 (hereinafter “instant lawsuit”) against the Defendant club on the ground that it is unreasonable for the Plaintiff to expelled the Plaintiff, and the judgment in favor of the Plaintiff became final and conclusive in the said lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings
3. Determination
A. The above evidence and the facts acknowledged in light of the overall purport of the pleadings, namely, the following circumstances: (a) the Plaintiff, who served as the president of the Defendant club, embezzled the Plaintiff’s membership fee of KRW 300,000 and the Defendant club membership fee; (b) the expulsion was publicly announced to the members of the Defendant club; (c) the Plaintiff’s failure to pay the membership fee of the Plaintiff did not have impaired the honor of the Defendant club; and (d) the Plaintiff embezzled the Plaintiff’s golf club membership fee; and (c) the Plaintiff appears not to have been revealed as to the embezzlement of the Plaintiff’s golf club membership fee; and (d) notwithstanding the court’s decision that the Plaintiff’s expulsion is unfair, the Defendant club is liable to pay the Plaintiff consolation money for emotional distress.
(b) furthermore;