부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is the defendant's member.
B. A New Co., Ltd. (hereinafter “New Co., Ltd.”) filed a lawsuit against the Defendant claiming the payment of KRW 1,240,635,152 against the Defendant and the delayed payment damages therefor. On January 24, 2013, the court of first instance rendered a judgment that “the Defendant shall pay to New Co., Ltd. the amount calculated at the rate of KRW 97,860,346 and the interest rate of KRW 5% per annum from March 16, 2012 to January 24, 2013, and the interest rate of KRW 20% per annum from the next day to the date of full payment” (hereinafter “construction payment lawsuit”).
C. On February 12, 2013, the Defendant held an extraordinary general meeting, and the Plaintiff asserted that the lawsuit for construction price should be lodged and resolved with the consent of all of the following items (hereinafter “instant agenda”). A.
On the condition that the plaintiff bears the litigation costs, attorney appointment costs, etc., the appeal court shall be fully responsible and proceed.
B. The amount of KRW 1,240,635,152 on the part of the Plaintiff at the first instance trial and KRW 977,860,346 on the part of the Plaintiff and KRW 262,774,806 on the part of the Plaintiff at the same time constitute 12 shares of the Plaintiff.
C. If the amount of the judgment in the appellate court (including interest in arrears) increases (including the portion lost in the appellate court) above the amount of the judgment in the first instance court, the Plaintiff shall be liable for and repaid the difference, and the amount of the judgment in the appellate court (including interest in arrears) shall be paid in full to the Plaintiff for the amount of the judgment in the first instance trial and the amount of the reduction (including interest in arrears).
The appellate court that the plaintiff is responsible and run is limited to the judgment of the high court, but it is against the appeal of the plaintiff.
E. All the powers relating to the appeal are delegated to the Plaintiff, and the appellate court’s acceptance is responsible and accepted by the Plaintiff.
The president of an association shall actively cooperate in the appellate court's receipt.