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(영문) 서울고등법원 2015.03.25 2014나4844
손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's total costs of the lawsuit after the appeal are filed.

Reasons

As to the instant lawsuit seeking compensation of KRW 300,00,000 among the claims, Defendant F and I did not undergo a resolution by the board of directors under Article 20(6) of the articles of incorporation of the Plaintiff Union with respect to the Defendants’ association (hereinafter “instant general meeting”) and asserting that the Plaintiff Union suffered damages in proportion to the rate of KRW 34,631,000 per day from the following day due to the delivery delay of each of the pertinent real estate listed in the separate list of real estate (hereinafter “each of the instant real estate”), Defendant F and I’s representative liquidator did not undergo a resolution by the board of directors under Article 20(6) of the articles of incorporation of the Plaintiff Union, ② Plaintiff Association’s representative liquidator on November 16, 2014 who was selected as the Plaintiff Association’s representative liquidator, and thus, Plaintiff Association’s representative liquidator was not entitled to convene the general meeting of Plaintiff Association’s representative liquidator on October 14, 2014.

In this case, there is no evidence to prove that the general meeting was conducted without a resolution by the board of directors, and ② there is no evidence to prove that the general meeting of the Plaintiff association may be convened only when there is a resolution by the board of representatives of the Plaintiff association.

(3) Article 16(6) of the Plaintiff’s association’s articles of association provides that “any part-time director shall act on behalf of the president in the order of the extension among the full-time director” with respect to an acting director, and where there is a part-time director, the extension of the part-time director and the extension of the director without the part-time director shall be construed as designating the acting director as the acting director of the association. Thus, it is proven that W was another part-time director other than W at the time of appointment as the acting director of the association.

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