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(영문) 대구지방법원 2020.09.08 2020나308437
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In around 2017, the Plaintiff received a five project subsidy from the Korea Water and Atomic Energy Co., Ltd. (hereinafter “Korea Water and Atomic Energy Co., Ltd.”) as the project cost for win-win cooperation for the regional win-win development following the continuous operation of a nuclear power plant C (hereinafter “Mutual Cooperation Project cost”).

B. On August 15, 2017, since the Plaintiff’s Lee Dong-gu had voluntarily carried out mushroom projects, the residents were dissatisfyed, and the head of the Dong resigned on August 15, 2017.

A Emergency Countermeasures Committee was organized on the same day, and the defendant became the chairperson of the Committee.

(hereinafter referred to as "Emergency Countermeasure Committee", and the Chairperson of the Emergency Countermeasure Committee (hereinafter referred to as "Chairperson of the Emergency Countermeasure Committee").

On December 20, 2017, the Plaintiff concluded a contract with E and F to purchase G land and its ground buildings, etc. (hereinafter “each of the instant real estate”) in the amount of KRW 1,520,00,000 between the project cost for win-win cooperation and to purchase a building instead of the existing mushroom project, and to purchase the land and its ground buildings, etc. (hereinafter “each of the instant real estate”).

The remainder payment date stipulated in the above contract is January 20, 2018.

On the other hand, the defendant expressed his intention to resign from office at the meeting of the Emergency Countermeasure Committee on January 9, 2018.

On January 14, 2018, the Emergency Countermeasure Committee decided to elect H, a vice-chairperson, as the chairperson and decided to present the agenda to A Village General Meeting.

E. On January 15, 2018, the Plaintiff submitted an application for a real estate purchase business to the Korea Water-Power Co., Ltd. in the name of H as its representative.

F. On January 19, 2018, the Defendant sent facsimile (hereinafter “instant facsimile”) to the International Headquarters for the Mediation of the Korea Aquatic Power and Nuclear Energy Co., Ltd. (hereinafter “I Headquarters”) to the effect that “the Defendant did not resign from the position of the Chairperson of the Emergency Countermeasures” (hereinafter “instant facsimile”).

G. On January 22, 2018, the I Headquarters of the Korea Fisheries and Nuclear Power Co., Ltd. did not voluntarily withdraw from the office of the chairperson of the Emergency Countermeasures Committee according to the civil petition of some local residents of H, and recently held A Village General Assembly.

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