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(영문) 부산지방법원동부지원 2016.05.27 2015가합100265
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C Co., Ltd and H jointly share KRW 438,286,818 and Defendant C Co., Ltd.

Reasons

1. Basic facts

A. The status of the parties 1) I hotel (hereinafter “instant hotel”)

(2) On February 25, 2004, the Plaintiff agreed to enter into an asset management entrustment agreement with the sectional owners of the instant hotel and to pay the remainder of the revenues, other than the expenses and fees necessary for the hotel operation, among the revenues, to be received by the owners of the instant hotel, as a corporation established for the operation of the instant hotel by entrusting the management of the hotel to a corporation operating the hotel.

3) Defendant B (hereinafter “B”)

(2) In order to directly operate the instant hotel on October 2, 2014 in consultation with the J Federation (which consists of 200 or more sectional owners, including Defendant D and E) opposing the Plaintiff’s operation of the instant hotel on grounds of the Plaintiff’s corruption, etc., the Plaintiff is a corporation established on October 2, 2014, and Defendant C Co., Ltd (hereinafter “C”).

(4) Defendant D and E are co-owners of the hotel of this case.

Defendant F was an employee of the Plaintiff and was dismissed on November 2012.

Defendant G is a person who operates the Service Company, K, and Defendant H is a security business company, respectively.

B. On October 31, 2014, the Plaintiff’s president M, the representative director N, and directorsO of the instant hotel’s business embezzlement on commission of asset management and termination notice of a contract on the lease of assets were detained (in the appellate court (Seoul District Court Branch Branch Branch 2014No807) by being sentenced to a judgment of suspension of execution on January 13, 2016, and on May 24, 2016, the appeal was dismissed.

(Supreme Court Decision 2016Do1753). 2) On December 24, 2014, the 196 sectional owners on the part of the “J Federation” as Defendant D and E’s representative, and the Plaintiff’s above-mentioned Plaintiff’s rank of officers.

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