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(영문) 서울중앙지방법원 2014.09.23 2014나20911
약정금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 15,000,000 and KRW 6,00,00 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a law firm, has been delegated by the Defendant with three litigation representation as follows.

(2) On March 2, 2010, the Seoul Northern District Court Decision 2010Kahap18406 decided March 2, 2010 held that the first, second, and third cases of this case are accepted. The Seoul Northern District Court Decision 2010Kahap298 decided Nov. 2, 2010 held that the first, second, and third cases of this case are accepted. On April 3, 2010, the Seoul Northern District Court Decision 2010Ra1795 decided Nov. 2, 2010.

The case of this case No. 1, which is the case of this case, is the case where the defendant, who is the member of the partnership B (hereinafter referred to as the "non-party partnership"), tried to hold an extraordinary general meeting as the representative of the plaintiff, and the non-party partnership filed a claim against the defendant for a provisional disposition prohibiting holding the said extraordinary general meeting. The plaintiff represented the defendant with the law firm preference, and the Seoul Northern District Court dismissed the above provisional disposition application of the non-party partnership on March 19, 2010.

C. The case No. 2 accepted in the instant case is an administrative litigation seeking confirmation of invalidity of the authorization of establishment of a non-party partnership against the head of Nowon-gu in Seoul Special Metropolitan City, the competent administrative agency at the time of the application for authorization of establishment of the non-party partnership, on the ground that there is a significant and apparent defect in the written consent to establish the association or the articles of association submitted at the time of the application for authorization of establishment of the non-party partnership. However, the Seoul Administrative Court

D. The Defendant filed an application for provisional disposition of suspending the effect of the resolution of the Seoul Northern District Court 2010Kahap580 with the non-party partnership, another member of the non-party partnership, and the above court accepted the application and accepted the provisional disposition on July 12, 2010, and the non-party partnership.

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