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(영문) 서울고등법원 2019.01.24 2018나2034429
추가분담금 청구의 소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff and the appointed party) are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. Except as to the assertion added or emphasized by the Defendants in this court, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

[However, the part concerning the co-defendant C, D, E, F, G, H, I, J and the co-defendants of the first instance court (appointed parties) who were separated and confirmed are excluded. The second part of the fifth part is "public notice of transfer" as "public notice of transfer" (hereinafter "public notice of transfer of this case").

The 6th 1st 6th 2th 6th 1st 6th 6th 1st 6th 6th 6th 6th 6th 2th 2th 2nd 2nd 2nd 2nd 2nd 2nd 200

The 6th 4th 6th 6th 4th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

The 6th 5th 6th 6th 6th 6th am "the agenda with the consent of nine of the total 10 members" shall be "one of 14 representatives attend the general meeting and nine of them shall be an agenda with the consent of nine of them."

7 pages 13 "A person who has a right has been committed or has become a holder of the right".

The 5th line at the bottom of the 9th page “B No. 11” shall be raised with “B No. 12”.

The "Plaintiff" at the bottom of the nine pages shall be understood as "the instant case".

"O. 30 of October 30, 2006" in 10 Myeon 11-12 Myeon 11 to 12 Myeon 2006 is changed to "O. 31, 2006."

2. Judgment on the defendants' assertion

A. On the assertion of defects in the resolution of the board of representatives, at the meeting of representatives Nos. 7 and 8 of the case No. 1 Defendants’ assertion, 10 of the 14 representatives attended and deliberated on the case of collection of additional charges, and decided to present the case as an agenda item for the special meeting of the members. The above resolution was adopted by the Plaintiff’s articles of association.

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