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(영문) 서울고등법원 2018.11.23 2018나2034481

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff as the parties concerned completed the registration of incorporation on June 29, 2007 with the approval of establishment on June 27, 2007, in order to implement a housing redevelopment improvement project that constructs apartment units with 25 units, housing complex 3 units, business facilities 1 units, and welfare facilities (hereinafter “instant redevelopment improvement project”).

The co-defendant D of the first instance court served as the plaintiff's director around February 2008, and around July 2008, N, the former president of the cooperative, resigned from the position of the president of the cooperative on August 28, 2008, and was elected as the president of the cooperative on August 28, 2008. The co-defendant G of the first instance court, F, H, and E worked as the plaintiff's full-time director from the time of the promotion committee to the time of the promotion committee or the establishment of the plaintiff.

On the other hand, the defendants are those who were part-time directors of the plaintiff.

On December 22, 2007, Co-Defendant C Co-Defendant C Co., Ltd. (hereinafter referred to as “C”) of the first instance trial performed the removal of obstacles and waste disposal services (hereinafter referred to as “the removal services contract of this case”) by being awarded a contract with the Plaintiff (the head of the partnership at the time).

In collusion with the above president D, full-time G, F, H, and E, such as the final judgment on related criminal cases, ① around September 2008, from C representative director B, one hundred million won within a passenger car in the vicinity of the Pwing hall located in Seongdong-gu Seoul Metropolitan Government, and from September 2009 to October 28, 2009, the sum of KRW 850 million in total, including KRW 750,000,000,000,000,000 from the parking lot of the Qan Area Removal Work site, was divided into three times in total, from around September 4, 2009 to October 28, 2009; ② the violation of the Aggravated Punishment, etc. of Specific Crimes (Bribery) that was solicited to conclude an additional service contract from September 4, 2009 to October 28, 2013; and concluded the two contracts with the captain of the Q Area removal Work site without any reasonable basis for construction contract.