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(영문) 의정부지방법원 2015.08.28 2015나51785
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 11, 2013, C was elected as the Defendant’s Chairperson, and on January 2, 2014, upon receiving a decision for invalidation of election from the Defendant Election Commission, on January 8, 2014, C filed a lawsuit seeking confirmation, such as the invalidation of the decision for invalidation of election at the president of the council of occupants’ representatives (hereinafter “principal case”) with the Defendant on January 8, 2014, and filing an application for a resolution for dismissal of the president of the council of occupants’ representatives or a provisional disposition for suspension of re-election (hereinafter “provisional disposition”).

B. However, on January 21, 2014, in the case of the merits and provisional disposition, the Defendant’s representative, who is the other party, was also the Plaintiff, and C applied for the appointment of a special representative under Articles 64 and 62 of the Civil Procedure Act by this Court 2014Kao93, and received a decision on February 26, 2014 (hereinafter “the instant decision”).

C. Meanwhile, on the other hand, on January 21, 2014, the Defendant: (a) at the ordinary meeting of the general meeting of the general shareholders, 12 members, including D and D, the representative of Dong and executive directors, and the Plaintiff, etc., were present; (b) appointed an attorney-at-law before February 3, 2014, which was the deadline for submission of the written reply; and (c) decided that the appointment fee be appropriated from the Defendant’s reserve funds; (d) accordingly, borrowed the sum of KRW 11,00,000 (hereinafter “the instant money”) from the Plaintiff as the attorney’s fee, and thereafter, paid that amount by designating the law firm Han-gu as the representative of the principal case and the provisional disposition case.

However, C refused to approve the disbursement of the instant money, and D, after the instant decision, prepared a confirmation of the fact of borrowing and a certificate of the loan with respect to the instant money to the Plaintiff along with seven other Dong representatives, etc. on February 28, 2014, following the instant decision, and followed up a confirmation of the same fact of borrowing with other Dong representatives on April 20, 2014.

(e).

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