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(영문) 대전지방법원홍성지원 2016.05.04 2015가단2270
손해배상(기)
Text

1. The Defendant: (a) KRW 20 million to the Plaintiff; and (b) 5% per annum from March 13, 2015 to May 4, 2016 to the Plaintiff.

Reasons

1. Basic facts are non-corporate groups established to contribute to the development of villages and the promotion of the welfare through profit-making business using the C Special Project Costs supported by the Act on Assistance to Electric Power Plants Environs on March 21, 2008, and for the purpose of harmony among residents, the Plaintiff is engaged in milk sales business, agricultural products sales business, and other special products sales business as its members.

On April 2, 2009, the Plaintiff entered into an entrusted operation contract with G on April 2, 2009, setting the contract period of KRW 1 year, KRW 30,000,000, and monthly entrusted management fees of KRW 800,000.

(2) On April 19, 2010, G filed a lawsuit against the Plaintiff seeking payment of KRW 30,000,000, the construction cost of the instant consignment contract, KRW 9,176,00, the construction cost of the gas station facilities, KRW 58,162,373, totaling KRW 97,338,373, by asserting that the instant consignment contract was terminated on April 19, 2010.

(P) On the other hand, G applied for provisional attachment on March 15, 2010 on the building and site of H station owned by the Plaintiff, with the amount claimed as KRW 30,000,000, the construction cost of KRW 7,860,00, the damages of KRW 43,623,466, the damages of KRW 81,483,466, the sum of KRW 30,000,000, the instant consignment contract amount of which was KRW 30,000,000, and the amount was KRW 81,483,466.

(2) On August 18, 2011, G filed an application with the Daejeon District Court for appointment of the Defendant as a special representative under Article 62 of the Civil Procedure Act by asserting that the Plaintiff was elected as the representative at the special meeting of the Plaintiff on August 10, 2010 during the continuation of the preceding case, G was decided to appoint the Defendant as the Plaintiff’s special representative pursuant to Article 62 of the Civil Procedure Act.

On April 18, 201, the minutes of the board of directors of the plaintiff on April 18, 201 are voting rights while the representative G, directors I, the defendant, J and K attend.

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