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(영문) 서울고등법원 2015.04.23 2014나2032401
보증금반환
Text

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. Determination on this safety defense

A. The Plaintiff asserted that the Defendant entered into a contract with the Defendant for the supply of the goods that the Defendant would supply to the Plaintiff with the goods that the Defendant would supply to the Defendant (hereinafter “Treatment Shipbuilding”) and sought the return of the deposit that the Defendant would return to the original state following the cancellation of the above goods supply contract, and the Defendant is merely one of the regional associations affiliated with the Plaintiff, and thus, the instant lawsuit against the Defendant, which the Defendant did not have the capacity to be a party, is unlawful.

B. In a case where a certain organization establishes rules that have the nature of an association with its own objective and has an organization, based on which it has a decision-making body and an executive body, and its resolution or execution method is conducted by the principle of majority majority, regardless of the organization's accession, withdrawal, etc., the organization itself continues to exist regardless of the organization's change, and where the organization has a representative's method, operation of a general meeting or board of directors, etc., composition of capital, management of property, or other important matters as a non-corporate body, it shall be deemed that it has an entity as a non-corporate body (see, e.g., Supreme Court Decisions 9Da2431, Jul. 10, 192; 9Da4504, Apr. 23, 199; 2007Da63683, May 29, 2008). The same applies to a non-corporate body, even if it is a subordinate organization of a certain juristic person, since it has an independent entity as above, as an independent entity.

(see, e.g., Supreme Court Decisions 99Da4504, Apr. 23, 1999; 2006Da60908, Jan. 30, 2009). Moreover, recognizing the capacity of a non-corporate party, Article 48 of the Civil Procedure Act has the substance of an unincorporated association or foundation, even an unincorporated association or foundation.

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