1. The plaintiff's action against the defendant D Group shall be dismissed.

2. Defendant C Cooperatives shall pay KRW 4,289,690 to the Plaintiff.

1. Whether the action against the defendant D Group is legitimate

A. Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate party as an unincorporated association or foundation, even if it has an entity as an unincorporated association or foundation and conducts social activities or transactions through its representative or manager, the dispute arising therefrom may be a party in the name of that organization to resolve the dispute through lawsuit.

As such, the term "association" refers to a group of many persons organized for a certain purpose, which is determined to externally represent an association, and an association which is not a juristic person, unless there is an exceptional association naturally formed without any special organization act such as a clan or a literature, in order to establish an association which is not a juristic person, there must be an organization act to establish the entity as an association. Thus, even if any organization determines external purpose, name, office and representative, it shall not be deemed an unincorporated association unless there is a proof of organization to recognize the substance of the association, its financial basis, operation of a general meeting, management of property, and other activities as an organization.

(See Supreme Court Decision 97Da20908 delivered on September 12, 1997). B.

According to the statements and images of Gap's evidence 6 to 10, it can be acknowledged that the organization formed by the name of the D Group centered on the merchants of the E market, and that D Group organized the Fcarf and the F Mountain Association and made it possible for F to produce and distribute the Ecoophone in the name of F.

However, the D Group: (a) G, the Plaintiff’s Cityberter, and H, the representative of the present D Group, merely entrusts the representatives of the organization first created for friendship among the E market merchants; and (b) there was no act of selecting representatives at the inaugural general meeting; and (c) H is a representative according to some of the opinions of the merchants who have retired from the representative.