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(영문) 대구지방법원 2020.05.15 2018가단114102
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. 1 The premise factual relations 1) Nonparty C and D filed a lawsuit against the Plaintiff Union (the representative at that time: Defendant B) to the effect that the decision of the Defendant as the elected person of the Plaintiff Union was null and void in violation of the Agricultural Cooperatives Act and the Articles of association of the Plaintiff Union. However, the decision of the first instance court was revoked in the Daegu High Court (2016Na21941) which is the appellate court, and the above C et al. won in favor of the above decision of the Supreme Court (2017Da210587), and the decision of the Daegu High Court (2017Da210587) which is the appellate court, becomes final and conclusive in the case of the instant lawsuit for invalidation of the election (hereinafter referred to as the “instant lawsuit

3) In addition, Nonparty C and D are subject to the provisional disposition of suspending the execution of their duties against the Defendant as the Daegu District Court 2017Kahap24 (hereinafter the instant case of suspending the performance of duties).

The decision of acceptance was made as of March 30, 2017. After that, Nonparty C and D filed an application with the Daegu District Court for the determination of the amount of litigation costs with respect to the Plaintiff Union as of April 4, 2018, and they obtained the decision of acceptance as of April 4, 2018, by applying for the determination of the amount of litigation costs under the Daegu District Court 2018Kao72. On the other hand, the Defendant spent the attorney fees, etc. for the lawsuit seeking confirmation of the invalidity of the above union president as the funds of the Plaintiff Union without the resolution of the board of directors by taking advantage of the fact that he is in office as the head of the Plaintiff Union, and even paid the attorney fees for the case of provisional disposition for

In addition, the Plaintiff Union is obliged to pay the attorney's fees pursuant to the application for the determination of the amount of litigation costs by Nonparty C and D.

B. The instant lawsuit seeking invalidation of the election of this case and the application for a provisional disposition suspending the performance of duties was formally filed by the Plaintiff Union, but in fact, the Defendant’s individual lawsuit was extremely personal to protect the status of the president of the association, and the Defendant is the Plaintiff Union.

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