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(영문) 서울고등법원 2018.12.14 2018나2044150

손해배상 청구의 소

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is the same as the entry of the reasoning of the judgment of the court of first instance, in addition to the entry of the reasoning of the judgment of the court of first instance as stated in the following 2. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act. The entry of “(2) conclusion of litigation delegation contracts” from 8th to 10th 10th 1 of the judgment of the court of first instance is

(2) The following facts are acknowledged in full view of the evidence and evidence Nos. 2, 6, and 9 contained in the part of the delegation contract of a lawsuit and the purport of the entire pleadings.

① Article 32(1) of the Plaintiff’s Articles of Incorporation provides that “The accounts of the Cooperative shall be from January 1 to the end of December each year.”

② On June 27, 2015, the Plaintiff held a general meeting and resolved on the “case of approval of the budget for operating expenses and the budget for maintenance and improvement expenses” as the agenda item 2, and “case of delegation of the board of representatives among the matters to be resolved at the general meeting” as the agenda item 8.

③ Of the above resolution agenda items, “budget for operating expenses of the cooperative” is set at KRW 19,567,940 (the reserve fund shall be KRW 6,00,00), and if it is necessary to increase the total budget, the resolution of the general meeting shall be obtained. The reserve fund shall be set at KRW 75,429,919,00 for operating expenses as preliminary operating expenses, and the reserve fund shall be set at KRW 34,276,79,00 for the construction expenses, KRW 1,951,426,00 for the compensation expenses, KRW 34,276,79,00 for the compensation expenses, KRW 1,00 for the management expenses, KRW 1,00 for the management expenses, KRW 426,00 for the management expenses, KRW 50,00 for the litigation expenses among them), other design supervision expenses, incidental expenses, reserve funds, etc.

④ Of the above resolution agenda items, the contents of the agenda items No. 8 shall be delegated to the board of representatives, such as “the selection of a cooperative company necessary for the implementation of the project after project implementation approval within the scope of the budget for the rearrangement project cost”, and “the selection of

According to the above facts, among the items of subparagraph 2 decided by the general meeting on June 27, 2015, the "budget for rearrangement project costs" is a whole rearrangement project.