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(영문) 부산지방법원 2017.02.09 2016가합48078
해임결의무효확인
Text

1. The supplementary intervenor's request for participation shall be dismissed;

2. The Defendant’s resolution of dismissal on August 31, 2016 against the Plaintiffs was made.

Reasons

1. Basic facts

A. On April 30, 2015, the Defendant participated in the said bidding; the public announcement of the tender on the heating, repairing, and painting construction of the I Apartment (hereinafter “instant apartment”); the fishery company; the incidental C&C Co., Ltd.; and the Samsung Engineering Co., Ltd. (hereinafter “Seoul”); and on May 15, 2015, the lowest bidder was the successful bidder; and the Defendant prepared a written contract for the said construction project with the Defendant on May 15, 2015.

B. On May 19, 2015, the Defendant publicly announced that only the company participating in the on-site briefing session may participate in the bidding. Since YCCC Co., Ltd. did not participate in the on-site explanatory meeting and participated in the bidding and thus a person disqualified for bidding participated in the bidding, the said bidding is null and void. Therefore, the Defendant prepared a written resolution stating that “a decision to reverse the contract for third party’s work” (hereinafter referred to as “instant written resolution”) was signed by the Plaintiff B, A, D, C, G, F, and H, the representative of each Dong at the time.

C. On May 21, 2015, the Defendant notified the third party of the cancellation of the contract, and filed a lawsuit against the third party on February 4, 2016 against the said party for the confirmation of the validity of the contract for construction works at this court 2015Gahap3986, and won the judgment. The said judgment became final and conclusive as it is.

The third party filed an application against the Defendant for the determination of the amount of litigation costs under this Court 2016Kaba290, and this Court rendered a decision on June 16, 2016 that “The amount of litigation costs that the Defendant has to pay to the third party is KRW 13,256,328,” and the said decision became final and conclusive around that time.

Article 20 and Article 33 of the Management Rules that the payment of KRW 13,256,328 to the instant apartment shall be made by the instant apartment to the election commission of the instant case, in cases where the court determined the costs of lawsuit No. 2016Ka-290.

A person who commits a tort and causes a significant damage to the apartment.

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