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(영문) 서울남부지방법원 2021.01.08 2018가합110272

손해배상(기)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running a housing construction business, etc., and the Defendant G urban environment improvement project association (hereinafter “Defendant G renewal acceleration project association”) is a corporation that has obtained authorization for the establishment of an urban environment improvement project in the G renewal acceleration zone (hereinafter “instant project”).

Defendant E served as the Plaintiff’s co-representative or representative director from August 11, 2009 to August 11, 2012, from July 18, 2013 to July 18, 2016, from September 9, 2016 to January 25, 2017, and Defendant C is the representative of H Co., Ltd. (hereinafter “H”) and was in office as the Plaintiff’s co-representative from February 25, 2016 to September 9, 2016.

Defendant F is the head of H with Defendant E’s children, and Defendant D is the representative of Defendant B’s limited company (hereinafter “Defendant B”) as the same student of Defendant C.

B. Around August 26, 2013, the Plaintiff entered into a business cooperation agreement with the Defendant Union with respect to the instant business (the “A” refers to the Defendant Union, and the “B” refers to the Plaintiff) with respect to the instant business. Article 2 (Contents and conditions of the cooperative business) (B) of the Plaintiff must deal with the following affairs related to the instant business:

B shall obtain prior approval from A in promoting the relevant affairs, and shall handle the relevant affairs after the final approval from A.

1. Various kinds of authorization and permission affairs (referring to the modification of a rearrangement plan, deliberation on architecture, modification of a project implementation plan, modification of a management and disposal plan, completion of construction, transfer announcement, etc.);

2. Affairs related to the contractor construction (maintenance of and changes to the contractor construction, contract terms, brand, decentralization, etc.);

3. Support for internal procedures of an association, such as a general meeting of associations, a representative's council, and a board of directors;

4. Support for the selection of partner companies related to the project aimed at this Act.

5. Sale, such as sale by members and general sale by units;

6. Support for operating expenses of a cooperative (B) shall be provided for operating expenses of the cooperative from the date of conclusion of the agreement until the date of the settlement of the cooperative.