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(영문) 수원지방법원 2015.07.16 2015가합62305

용역비

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The defendant union is a reconstruction maintenance project partnership which was authorized on June 19, 2003 by the head of Suwon-si to implement reconstruction improvement projects for B apartment units on one parcel, including Suwon-gu, Suwon-si, and the plaintiff is a company established for the purpose of the facility security business and all incidental businesses.

B. The executive officers of the Defendant Union were the head of the partnership, directors E, F, G, H, I, J, K, L, and audit and inspection M. However, while the conflict between the union members supporting D and the union members not new D continues, there was a resolution on May 28, 2005 on the agenda that all the executive officers of the association, including D, including the above D, are re-appointed at the special meeting held on May 28, 2005.

C. On August 20, 2005, some of the members of the Defendant Union who oppose the above resolution passed an extraordinary meeting to dismiss all the executives of the association including D including the president of the association. After that, on September 9, 2005, 45 representatives of the Defendant Union held a meeting of representatives on September 9, 2005 and passed a resolution to select the J as directors concurrently serving as directors of the Defendant Union as directors of the Defendant Union, G, N,O, P, P, Q, Q, R, T, and U as auditors.

D et al. filed an application for the suspension of the effect of the resolution of a general meeting with respect to the above special general meeting of August 20, 2005 and the resolution of the council of September 9, 2005, with respect to the suspension of the effect of the resolution of the general meeting. On October 21, 2005, Suwon District Court 2005Kahap826 decided to suspend the effect of each of the above resolutions. Since D was returned to the head of the association, 14 items including the cases where D was reappointed to the head of the association from the above special meeting after convening and holding the special general meeting on November 5, 2005.

E. Since September 16, 2006, D convened and held an extraordinary general meeting. At the said extraordinary general meeting, D, including E, was approved on August 20, 2005, to dismiss all the union executives appointed by a resolution of the board of representatives dated September 9, 2005, including all the union executives and employees before the said extraordinary general meeting.

F. Meanwhile, the Suwon District Court.