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1. All of the plaintiffs' claims are dismissed.
2. Of the costs of lawsuit, the part arising between the Plaintiffs and the Defendant.
Reasons
1. Basic facts
A. The Plaintiffs and the Intervenor joining the Plaintiff (hereinafter “Plaintiff, etc.”) are the Defendant’s members.
B. A lawsuit was filed against the Defendant on April 11, 2015, and on July 26, 2016, seeking confirmation of invalidity of a resolution passed at the general meeting of the association members to the effect that some of other union members of the Defendant except the Plaintiff et al. of the Plaintiff et al. verify that each of them is invalid on the grounds of defects in the quorums for the proceedings, non-performance of the quorums for the proceedings, non-performance of the quorums for the proceedings, etc. ( Daegu District Court
(hereinafter referred to as “prior action”). Meanwhile, the Plaintiff participated in the prior action.
C. On May 2, 2019, an appellate court (Seoul High Court 2018Na22405) rendered a judgment dismissing a claim on the grounds that the defects of each of the instant resolutions were nonexistent or completely cured. The said judgment was withdrawn and the final appeal was finalized on May 22, 2019.
[Ground of recognition] The fact that there is no dispute, significant fact in this court, Gap's 1 through 5, Eul's 23, the purport of whole pleading
2. Determination as to Plaintiff A’s claim
A. Since the final judgment which became final and conclusive has res judicata effect binding upon the party and the court, where the party against which the plaintiff has lost files a lawsuit against the other party in the previous lawsuit identical to the final and conclusive judgment against the other party in the previous lawsuit, the court shall dismiss the relevant claim as it is impossible
(2) In light of the aforementioned legal principles, the part of the judgment in a prior suit, which is recognized as a case where an intervenor who supported the original party jointly performed a lawsuit by assisting the original party (see, e.g., Supreme Court Decision 2010Da80503, Jul. 5, 2012). However, in a case where the original party lost the original party in the lawsuit, the part in the final and conclusive judgment in the prior suit, which is recognized as a case where the original party lost the said party, is a de facto and legal judgment based on the conclusion of the final and conclusive judgment in the prior suit, and thus, the supplementary intervenor may assert or dispute with the original party in common
According to the above facts, the above facts are examined.