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1. Defendant B’s KRW 367,428,343 as well as 5% per annum from April 6, 2017 to March 22, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The party relations 1) The plaintiff is a clan consisting of descendants who are members of the collective group of DM E. 2) The defendant B has been involved in the business of the plaintiff's clan as the vice-chairperson, etc. of the plaintiff's clans who are members of the plaintiff's clan and the defendant C is the wife of defendant B.
B. Around April 3, 2011, F was elected as the president of the Plaintiff clan, and Defendant B was performing the vice-chairperson. However, when F withdraws from the president around November 2012, the Plaintiff clan held a general meeting on November 18, 2012 and decided to elect the next president and to have Defendant B, a vice-chairperson, act for the president. (2) Defendant B, who was the president, convened and held as the acting president, failed to draw a resolution to elect the president of the Plaintiff clan at the general meeting on April 2013 and around November 2013, 2013, who continued to serve as the president, notified the Plaintiff’s general secretary at the time of his dismissal to the Plaintiff’s members on July 29, 2014.
3) Accordingly, on August 20, 2014, seven directors and auditors of the Plaintiff clan, including H, were notified Defendant B of the holding of the board of directors on August 23, 2014. While Defendant B was not present, the board of directors held on August 23, 2014 decided to hold the special meeting on September 14, 2014 for the resolution on the election of the president and the special meeting for the resolution on the election of the president. According to the above resolution of the board of directors, the special meeting of the Plaintiff’s clan was held on September 14, 2014, and 36 members attended G to be elected by the president. Accordingly, Defendant B applied for a provisional disposition to suspend the performance of duties against G, etc. on December 19, 2014, this court is likely to be deemed as null and void as the “special meeting” and the method of convening the general meeting on February 13, 2015.
on the ground that "..."