(영문) 서울고등법원 2017.11.17 2017나2034057

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(영문) 서울고등법원 2017.11.17 2017나2034057

부당이득금반환

Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are dismissed, respectively.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The plaintiff is the defendant's member.

B. On January 24, 2013, the court of first instance rendered a judgment that “the Defendant shall pay to New Co., Ltd. 1,240,635,152 won (hereinafter “New Co., Ltd.”) and the interest calculated at the rate of 5% per annum from March 16, 2012 to January 24, 2013 and 20% per annum from the next day to the day of full payment” (which shall be referred to as “the lawsuit for construction payment,” which shall be referred to as “the judgment of the court of first instance”; and the above judgment shall be referred to as “the court of first instance”).

C. On February 12, 2013, the Defendant held an extraordinary general meeting; however, the Plaintiff asserted that the lawsuit for construction price should be lodged, and resolved with the consent of all of the following items:

(hereinafter “instant resolution”). A.

On the condition that the plaintiff bears the litigation costs, attorney appointment costs, etc., the appeal court shall be fully responsible and proceed.

B. The amount of KRW 1,240,635,152 on the part of the Plaintiff at the first instance trial and KRW 977,860,346 on the part of the Plaintiff and KRW 262,774,806 on the part of the Plaintiff at the same time constitute 12 shares of the Plaintiff.

C. If the amount of the judgment at the appellate court (including interest in arrears) exceeds the amount of the judgment at the first instance court (including the portion lost in the appellate court), the Plaintiff shall be liable for the difference and the amount of the difference shall be paid. The amount of the judgment at the appellate court (including interest in arrears) shall be paid in full to the Plaintiff when the amount of the judgment at the appellate court (including interest in arrears) is compared with the amount of the judgment at the first instance court, and the amount of the judgment at the appellate court (including interest in arrears) shall be paid in full to the Plaintiff.

The appellate court that the plaintiff is responsible and run is limited to the judgment of the high court, but it is against the appeal of the plaintiff.

E. All the powers relating to the appeal are delegated to the Plaintiff, and the appellate court’s acceptance is responsible and accepted by the Plaintiff.

The president of an association.

유사 판례

-수원지방법원안양지원 2017.06.09 2017가합20

-서울서부지방법원 2018.10.12 2018가합33008

-수원지방법원 안양지원 2018.06.07 2017가합102803

-제주지방법원 2021.04.13 2020가단7056

-의정부지방법원 2015.09.03 2015나4062