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(영문) 대전지방법원 2019.06.12 2018가합104348

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) Resolution 1 for the appointment of the Plaintiff’s representative) The Plaintiff’s descendants consisting of six clans under the jurisdiction of a clan consisting of adults aged 20 or older among C’s descendants. D was elected as the Plaintiff’s president on January 31, 2015. (2) D was the Plaintiff’s president on February 25, 2018, holding the Plaintiff’s general meeting (hereinafter “instant general meeting”).

The Assembly of this case elected two representatives for each six branch waves.

During the general meeting of this case, the 12 representatives of the strike, newly elected, opened a separate meeting of executive officers (hereinafter referred to as the “instant meeting of executive officers”) and elected the latter president due to the expiration of the D’s term of office.

In the election of the Chairperson, D and E were run, and D and E were 3 marks as a result of the ballot counting, and E were 9 marks, and the executive meeting of this case passed a resolution to appoint E as the Chairperson.

E elected as the president has received a resolution of ratification on the appointment of the president at the general meeting of this case.

3 The plaintiff's bylaws related to the instant case are as shown in the attached Form "main contents of the plaintiff's bylaws".

B. Around August 8, 2016, the Defendant agreed against the Plaintiff to increase the construction cost by 885,582,088 won due to additional construction works, such as design change, etc. during the construction process, and the Defendant agreed to increase the construction cost in KRW 885,582,08, and the increased portion (hereinafter “instant secondary construction contract”) between the Plaintiff and the Plaintiff, “instant secondary construction works” in F located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, by setting the construction cost of KRW 1,183,925,374, and the construction period from August 10, 2016 to December 30, 2017.

In spite of the progress of the above construction without interruption, the Defendant paid KRW 573,591,341 out of the total construction cost.

"For this reason, it applied for a payment order claiming the above unpaid amount and damages for delay.

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