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(영문) 서울고등법원 2015.07.24 2015나2005123
손해배상(기)
Text

1. The defendant (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiff is a corporation established by consisting of AF pursuant to Article 41 of the AF Act, and the Defendant, etc., B, C, D,O, P, K, K, S, S, J, L, N, Q, and R (other than the Defendant, the remaining 12 persons are confirmed in the trial by the first instance, and the decision of recommending reconciliation has become final and conclusive; hereinafter referred to as “the joint tortfeasor of the Republic of Korea”).

B. In the 10th presidential election held on October 6, 2008 by the Plaintiff, AG was elected as the president. However, in the lawsuit to nullify the invalidity of the chairman election filed by some members of the Plaintiff, the said court rendered a ruling that the election of AG is invalidated in Seoul Central District Court 2009Gahap16259, which became final and conclusive on October 28, 201 through the appellate court and the final appeal.

C. Accordingly, when the Plaintiff’s president’s position was vacant, the board of directors held on November 11, 201, which held on November 11, 201, appointed AH, a vice president of the Plaintiff, as the president acting for the president, and continued to possess the Plaintiff’s building from around that time.

After all, the 84 representative support B, which was delayed due to disputes between the representatives, decided on January 11, 201, that at the 101 representative meeting of the 101 representative meeting, AH, who is the acting president, was non-Confidence and elected B as the extraordinary director, which was convened by D which was not authorized to convene at around 14:00.

E. At around 16:30 on January 11, 201, 201, more than 150 persons, including the Plaintiff’s executive officers and employees supporting B and B following the above resolution, cut off the entrance entrance entrance of the first floor of the parking lot due to cutting machines, etc., and cut off the automatic entrance entrance of the first floor of the parking lot. The number was incidental to the automatic entrance of the first floor of the parking lot. The number was 12,874,00 won in total, as shown in the attached amount of damages in the attached sheet, by cutting off the entrance of the first floor of the parking lot in advance and cutting off the entrance entrance of the first floor of the parking lot.

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