logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.28 2020나65067
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The first instance judgment is the purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the D shop building in Suwon-si, Suwon-si, and the Defendant is an organization organized for the purpose of sharing friendship and profit-sharing among the members for the prosperity of the shop in the instant building (hereinafter “D shop prosperity”) as an organization established for the purpose of sharing the friendship and profit-sharing among the members in order to promote the prosperity of the shop in the instant building.

B. From April 2017 to June 2018, the Plaintiff performed the general position of the instant shopping mall conference.

(c)

The instant conference held an extraordinary general meeting on June 12, 2018 and passed a resolution to elect the Defendant as the president and F as the president, and the Plaintiff filed a lawsuit to nullify the resolution of the extraordinary general meeting with the head of Suwon District Court 2018 jointly 24953, stating that “the resolution dismissing the Plaintiff at the general meeting of the Suwon District Court at the meeting of the Association on June 12, 2018 is null and void.” However, the judgment of rejection was affirmed on the ground that the Plaintiff did not have any interest in litigation or confirmation, and thus, was rendered final and conclusive on June 13, 2019.

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff filed a damages suit against the instant prosperity (Seoul District Court Decision 2016Da306818, 2016Na6818, and 2016Na68649) to be paid KRW 4 million under the pretext of agreement from the former president of the said prosperity. As such, the Defendant, who succeeded to the said obligation as the president of the instant prosperity, is obligated to pay to the Plaintiff.

B. The Defendant held an extraordinary general meeting of the instant prosperity and had another person elected to the position of general secretary, thereby unfairly dismissed the Plaintiff from the office of general secretary. As such, the Defendant could have received payment from the Plaintiff when the Plaintiff continued to perform the office of general secretary.

The executive activities equivalent to ten months shall be obligated to pay 2 million won or more for the loss of the executive activities.

(c)

On June 14, 2018, the Plaintiff was assaulted by the auditor G of the instant prosperity conference.

arrow