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(영문) 서울동부지방법원 2019.06.05 2018나26392

위약금 청구

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiffs, each of which is KRW 6,877,639.

Reasons

1. Basic facts

A. On February 19, 2010, G Housing Reconstruction Project Association (hereinafter “instant association”) obtained authorization from the head of Gangdong-gu and completed the establishment registration on March 5, 2010. The Plaintiffs and the Defendants are members of the instant association, who were members of the instant association, organized around January 2016 to protect the said association’s property rights (hereinafter “instant organization”).

B. On August 10, 2016, the members of the instant organization, including the Plaintiffs and the Defendants, were to conduct an election for candidates for the head of the instant association (hereinafter “election for candidates for the head of the instant association”) to elect candidates to participate in the election for the head of the instant association (hereinafter “election for the head of the instant association”). Article 21(4) of the aforementioned Regulations provides that “The election for candidates for the head of the H association” (hereinafter “election regulations for the head of the instant association”) was enacted, and Article 21(4) of the said Regulations provides that “the abortion and the operating personnel who did not return to the result of the election shall reimburse the amount deposited in the H support account (based on the balance on September 4, 2016) and shall be held civil liability following the election” (hereinafter “instant provision”).

C. The 17 members of the instant organization held a candidate election for the president of the association on August 28, 2016, and the I and Defendant E obtained each of 10 marks and 7 marks, and I were elected as the candidate for the president of the association.

The Defendants withdrawn from the instant organization on October 2016, and Defendant F registered as a candidate for the election of the president of the instant association around November 7, 2016, and Defendant E performed an election campaign for the election of the president of the instant association.

E. As of September 4, 2016, the amount deposited in the account for support payments of the instant organization is KRW 5,021,114.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6 through 11, and 13, the purport of the whole pleadings

2. Determination as to the defendants' main defense

A. The Defendants are representatives of the instant organization at the time they withdraw from the instant organization.