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(영문) 수원지방법원 2018.11.09 2018나61567

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount shall be revoked.

Reasons

Basic Facts

The plaintiff is a clan that has set up a common line E, and the defendant B is the chairperson of the 18th executive branch of the defendant clan, the defendant C is the general manager of the same executive branch, and the defendant D has been in charge of the financial affairs of the same executive branch.

From around 2012 to November 2015, the Defendants were in charge of the 18th executive branch of Plaintiff clan, and the Plaintiff clan made a resolution to appoint F as president, G as general secretary, and H as financial affairs from the ordinary general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on November 13, 2015.

Plaintiff

At the time when the 18th executive organ was in charge of its duties, the clan entered into a construction contract with the I Co., Ltd. (hereinafter referred to as the "I") for the construction of the new construction of the K building, which is a building, the neighboring store in the J of the Plaintiff owned by the Plaintiff, and completed the construction of the said K building (hereinafter referred to as the "K building").

[Ground of recognition] The Defendants asserted to the effect that the instant lawsuit was unlawful since the Defendants agreed to bring about a civil or criminal legal issue against the Defendants, who are the 18th executive organ around December 28, 2015, inasmuch as the Plaintiff and the Defendants agreed to bring about a non-contentious dispute, as stated in the evidence No. 1, No. 1, and No. 14, and the entire purport of the pleadings, and the overall purport of the pleadings.

According to the evidence No. 1, the agreement (Evidence No. 1) may be established, which includes the content that “the executive officers of the 18th executive branch are not to bring about any civil or criminal legal issues,” between Defendant B, C and the 19th executive branch, and the negotiating representative G and the representative of the 18th executive branch. However, in light of the fact that the agreement was made between the 19th executive branch and the 18th executive branch in the course of the business transfer of the 19th executive branch of the 18th executive branch, and there is no circumstance to deem that the 18th executive branch of the 18th executive branch of the 18th executive branch of the 18th executive branch of the 18th executive branch of the 18th executive branch.