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(영문) 서울남부지방법원 2018.11.09 2018나1211

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The Plaintiff and the Defendant held office as an executive of the Etel Association (hereinafter “Induc Partnership”) with land C and D as a business site in Sinsi-si (hereinafter “Induc Partnership”) and is currently in the position of the union members.

F was the president of the non-party partnership, and G was the president of H who concluded a sales contract for the business site with the non-party partnership.

On November 6, 2012, which was concluded between F and G as the representative, the sales contract on November 6, 2012 was no longer effective due to the defect in the procedures for convening the general meeting of the non-party union, and the provisional registration was made in the name of H on the business site in collusion with F and G, and thereafter the transfer registration was completed in the name of H on November 30, 2015 without the consent of the members.

In December 2015, the Plaintiff became aware of this fact, and transferred it to the Defendant and I, and the Defendant and I cannot see the shares equivalent to approximately KRW 90 million per old unit, and the Plaintiff and I sought ways to recover the project site together with the Plaintiff.

In order to find out the project site, the plaintiff, the defendant, and the I did not have any circumstance to procure the litigation cost, etc.

Therefore, the plaintiff used the share of the non-party association owned by the plaintiff as a collateral from the J, the representative of the non-party association, as a litigation cost, but the repayment period of the agreed amount was set at the time of the conclusion of criminal complaint when the plaintiff, the defendant and I agreed to settle it in the future.

The plaintiff, the defendant, and I have signed the agreement on their own in the document of title "the person" necessary for the appointment of a lawyer and criminal complaint.

The plaintiff was introduced by the J, and for convenience, the J paid the costs of the lawsuit on criminal complaint to the attorney instead of the plaintiff, and made a share transfer contract with respect to the shares of the non-party partnership owned by the plaintiff to the J in order to pay the costs of the lawsuit to the plaintiff.

The plaintiff appoints a lawyer in accordance with the above agreement, and the plaintiff, the defendant, and I.