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(영문) 서울고등법원 2020.05.27 2019나2017117
용역비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Determination as to the plaintiff's claim against the defendant union

A. The fact of recognition was established on June 2, 2017 by the D Regional Housing Association Promotion Committee (hereinafter the aforementioned Promotion Committee and the Defendant Association established with ratification and ratification thereof en bloc) composed of organizations established to carry out new apartment construction projects (hereinafter “instant project”) through the method of the regional housing association in Ulsan E, Ulsan E, and at the same time, the Defendant Union entered into a contract for business services with F (Representative G; hereinafter “F”) and the Defendant Association.

Defendant Union concluded a trust contract with a trust company on September 13, 2017, recruited about 30% of the members scheduled to be employed until November 30, 2017, and decided to approve various contracts entered into at the time of the special general meeting by holding an extraordinary general meeting on April 24, 2018 (the total number of members registered at the time of the special meeting was 156, Nov. 10, 2018, 16, 165, and the number of members registered at the time of the special meeting was 165, and passed a resolution, such as the articles of association, appointment of officers, and ratification of all contracts entered into at the time of the promotion committee, and promoted the project with the contributions of members as its main source.

However, the defendant union failed to secure the project site, and in relation thereto, the union members raised problems on the ground of false advertising at the time of the first recruitment of union members, and did not reach the approval to establish the association, and the union members decided to dissolve around April 13, 2019. The majority of union members withdraw from the association for the main reason of false advertising and fraudulent sale, and demand the refund of the already paid contribution, etc., and thus, the promotion of the project is virtually

From September 15, 2017 to November 2017, 163 of the Defendant Mutual Aid Association members filed a lawsuit against the Plaintiff for compensation for damages on the ground that the Plaintiff suffered damages by entering into an agreement to enter into a trade association with the Plaintiff on the grounds that the Plaintiff had been in charge of the recruitment service of union members, from September 15, 2017 to November 201.

(Ulsan District Court 2019Gahap1134). The plaintiff shall be the plaintiff.

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