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(영문) 부산지방법원 동부지원 2017.01.24 2016가단206224
손해배상 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The key points of the Plaintiffs’ assertion are as follows: (a) the Defendants seek payment of compensation for mental damage (defensive materials) for nonperformance of obligations or illegal acts under the withdrawal agreement.

① On July 9, 2014, Plaintiff A acquired at an auction No. 204 of Busan Shipping Daegu EFC, and Plaintiff B is the former owner of the loan.

② Defendant C is the representative of the Residential Self-Governing Council of the above Borrowing, and Defendant D is the general manager.

③ When the Defendants announced the notice demanding the payment of management expenses to Plaintiff B, the Defendants filed a complaint against Defendant D as defamation. The Defendants filed a lawsuit claiming management expenses (the Busan District Court 2014Gau32559, hereinafter “the lawsuit claiming management expenses in this case”) against the Plaintiff A in the name of the Ethra Residential Self-Governing Council, and the Plaintiff A filed an application for provisional disposition suspending the performance of duties against the Defendants on the ground that they were not qualified as executive officers.

④ Upon the spread of the dispute above, Defendant D resigned from office among the Plaintiffs and the Defendants, and both the Plaintiffs and the Defendants mutually take account of the pertinent litigation and complaint. In the event that the Defendants withdraw the instant management fee claim, the Plaintiffs agreed to pay the unpaid management fee voluntarily.

⑤ Although the Plaintiffs fully withdrawn the pertinent cases, the Defendants continued to perform their general duties in violation of the above agreement, and did not withdraw the instant management expenses claim lawsuit. Accordingly, the Plaintiffs responded not only to the instant management expenses claim, but also did not have to file a provisional disposition suspending the performance of their duties against the second Defendants.

6. The above agreement is a promise to be protected in light of the good faith principle, good morals, and other social norms. The violation constitutes a default or tort, and the plaintiffs need litigation costs due to the violation of the agreement by the defendants.

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