beta
(영문) 대구지방법원 2017.10.26 2016가합201191 (1)

구상금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 7, 2005, the Defendant is a cooperative established for the market reconstruction improvement project that removes the C market shopping apartment located in the Daegu Northern-gu Seoul Northern-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and newly constructs apartment units on the ground.

B. Plaintiff A was elected from the Defendant’s extraordinary general meeting held on March 22, 2011 to the head of the association, and on May 14, 201, registered as the head of the Defendant’s association and performed the duties of the head of the association.

C. Some of the Defendant’s members filed a complaint for the crime of forging and utteringing private documents on the ground that the Plaintiff’s failure to participate in the meeting to pretend that the quorum has been satisfied and the signature column of the list of participants was forged, even though the general meeting of March 22, 201, which was selected by the Plaintiff A as the president of the partnership, was conducted in the state where the quorum of intention was below the quorum, and the investigation was conducted.

Plaintiff

On October 28, 2013, A submitted to the Defendant a letter of voluntary resignation of the president of an association, stating that “A (Plaintiff A) shall transfer his indictment’s opinion due to the forgery and uttering of the private document due to the above illegal facts, and shall recognize the facts of illegality during the investigation. As a result, it must be thoroughly understood that there was any disadvantage to all the members of the association due to the illegal act, and waiver and resignation of the president of the association, and exceeds all the documents related to various kinds of associations (the chief of a corporation, the chief of a original form, and the chief of a blind) and various kinds of associations to the C Market Emergency Countermeasures Committee,” and also submitted it to the investigation agency.

E. After that, on October 30, 2013, Plaintiff A was subject to a non-prosecution disposition on the ground that the case was not suspected of being proven for lack of evidence.

F. Plaintiff A resigned from the president of an association around October 2013, and the registration of the Defendant’s dismissal was completed on November 14, 2015.

G. Articles of incorporation concerning the defendant's executive officers and the payment of remuneration are as follows.

Article 14 (Executives) (1) A cooperative shall have the following executives:

1. One head of the partnership;

2. Five persons; and

3. One superintendent;