(영문) 인천지방법원부천지원 2016.09.29 2016가단1047

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(영문) 인천지방법원부천지원 2016.09.29 2016가단1047

대여금

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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from December 10, 2015 to the date of full payment.

Reasons

1. On September 2013, the Defendant asserts that the instant lawsuit is unlawful, since the Plaintiff resigned from the Defendant’s president around September 2013, but did not elect the latter president or the latter president’s acting for him/her, the Defendant has maintained the status of the Defendant’s president. The Defendant was dissolved before the instant lawsuit was filed, and the Defendant did not have a standing to be a party.

Comprehensively taking account of the overall purport of the arguments in the statement No. 6-1 and No. 6-2, the Defendant’s decision to select C as the chairman of the promotion committee for resignation of the Plaintiff on Oct. 24, 2014, the fact that C died thereafter, the Defendant’s senior member of the promotion committee is D, Article 17(6) of the Defendant’s operating rules provides that the promotion committee chairperson shall represent the Defendant in the order of the vice-chairman, the senior of the promotion committee members, and the fact that there is no vice-chairman of the Defendant’s vice-chairman.

According to the above facts, the defendant decided to select C as the chairman of the promotion committee, thereby losing the status of the chairman of the promotion committee. Even if the plaintiff maintains the status of the chairman of the promotion committee.

Even in the lawsuit of this case brought by the plaintiff, D, the oldest among the defendant's promoters, has legitimate authority to represent the defendant.

And even if the defendant was dissolved.

Even if it is not immediately extinguished, it is the subject of rights and obligations within the scope of the purpose of liquidation until the liquidation work is completed.

Therefore, the defendant's above assertion is without merit.

2. Judgment on the merits

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 through 3, 9, 12 (including paper numbers):

1 The defendant shall be governed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Seocheon-si, Seocheon-gu E-gu, Seoul, 73,954 square meters

참조조문

-도시 및 주거환경정비법

유사 판례

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-부산지방법원 2016.05.04 2015가합46662

-울산지방법원 2016.11.23 2016가합178