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(영문) 인천지방법원 2015.08.27 2014나53745

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From October 8, 2008 to September 23, 2010, the Plaintiff performed its duties as the head of the C Urban Environment Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant reconstruction Association”) for the purpose of implementing a housing reconstruction improvement project on the ground of 80,950 square meters outside the Seoul-si, Seocheon-gu, Seocheon-gu, Seocheon-gu, and 620 square meters.

B. On September 4, 2010, the Plaintiff, as the president of the instant reconstruction association, entered into a public relations service contract that entrusts the Defendant with the affairs of public relations services at the general meeting of shareholders on September 11, 2010, and was elected as the counter-party candidate D at the general meeting of shareholders conducted on September 11, 2010.

C. Accordingly, on December 16, 2010, the Plaintiff filed a lawsuit against the instant reconstruction association for the confirmation of invalidity of the resolution of election of the president of the Incheon District Court Branch 2010Kahap9268, but the Plaintiff was sentenced to a judgment against the Plaintiff on January 12, 2012, and the judgment of the first instance court became final and conclusive after withdrawing the appeal on September 21, 2012.

On July 25, 2012, the Defendant filed a lawsuit against the reconstruction association of this case for service payment claim against the Seoul Northern District Court 2012da56109, and participated in the instant reconstruction association (the Defendant of this case), but the Plaintiff participated in the instant reconstruction association (the Defendant of this case), but the judgment in favor of the Defendant of this case became final and conclusive as is.

【Ground for recognition】 The fact that there has been no dispute, significant fact in the court, Gap evidence 1, Eul 3 and 4, the purport of the whole entries and arguments

2. The plaintiff's assertion

A. On September 11, 2010, the Plaintiff taking part in the illegal election, as the president of the instant association, concluded a service contract with the Defendant to collect a written resolution for the purpose of demanding a written resolution from the general meeting of shareholders on September 11, 2010, where ten public relations personnel of the Defendant collected a written resolution for seven days and submit a daily activity report to the Defendant, and ordered the Defendant to supplement the contract, but the Defendant ordered the Defendant to supplement the contract.