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(영문) 서울남부지방법원 2018.02.08 2017가단228629

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of implementing a reconstruction improvement project for A apartment located in the area of 173,430 square meters of a day-won C in Gwangjin-gu.

When the execution of the duties of D, elected as the president of the Plaintiff’s partnership, was suspended on February 2014, the Defendant, the senior director among full-time directors, was made to act as the president of the partnership.

B. On November 4, 2014, the board of directors of the Plaintiff Union appointed E as a standing director under the status of the Defendant leaving the office, and decided to hold a board of representatives on November 8, 2014 for the purpose of dealing with the agenda items, such as amending the regulations on union affairs and reviewing the contract for construction works.

C. Accordingly, around November 2014, the Defendant entered into a contract for the delegation of a lawsuit (hereinafter “instant delegation contract”) with the Plaintiff and the Defendant on the case of applying for a provisional injunction against holding the said delegations against E, with respect to the case of filing an application for a provisional injunction against holding the said delegations that the Plaintiff and the Defendant filed against E, as well as KRW 10 million (excluding value-added tax) and KRW 20 million (excluding value-added tax) upon winning the entire success fee.

On November 7, 2014, E rendered a provisional disposition decision that a representative meeting should not be held in the provisional disposition case (U.S. District Court Decision 2014Kahap1051), which was filed accordingly. D.

F filed a lawsuit against the Plaintiff with Seoul Central District Court 2015da11141, seeking payment of KRW 33 million according to the above litigation delegation agreement, and was rendered a favorable judgment on August 19, 2016.

Accordingly, on November 3, 2016, the Plaintiff paid KRW 39 million in total to F as principal and delay damages under the above judgment.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7 to 9 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. In order for the plaintiff to conclude a contract for the delegation of a lawsuit, the plaintiff must undergo a resolution of the board of representatives and the general meeting resolution in accordance with Articles 14(5), 21, and 25 of the articles of association. However, the defendant does not necessarily undergo internal discussions.