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(영문) 부산고등법원 2016.11.23 2016나53060
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 14, 2004, Defendant (formerly changed: C Co., Ltd.) was established for the purpose of accommodation business and hot spring bath business.

B. The main contents of the minutes of the board of directors meeting on May 13, 2011 (hereinafter “instant minutes of the board of directors”) are as follows.

On May 13, 2011, the temporary board of directors agenda of the defendant's headquarters: The current status of the site for the sale of real estate: D and five parcels outside the city of Yangsan: In selling the defendant's site, I and two other (110 million) debt settlement, agricultural debt settlement, 200 million won, J and Plaintiff's debt (2 billion won, and a certain amount other than passbook transaction details) shall be approved as a full-time meeting without any objection to all other debt settlement.

Seal: Representative E (former Name: F) and Director G

C. The Defendant’s representative E filed a complaint against the Plaintiff’s husband H as a crime of forging private documents or uttering of a falsified investigation document on the ground that the minutes of the board of directors were forged, and the Ulsan District Court rendered a judgment of conviction for six months and two years of suspended execution with respect to H on September 26, 2013 by the above court 201No1873.

Accordingly, H appealed against the above judgment and appealed to the Ulsan District Court 2013No848. On November 28, 2014, the above court accepted H’s appeal on November 28, 2014 and rendered a judgment of innocence. The Prosecutor appealed to Supreme Court Decision 2014Do1708, but the Supreme Court rendered a judgment dismissing the appeal on June 11, 2015, and the judgment of innocence became final and conclusive.

D. On the other hand, on February 4, 2012, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 200,000,000 (Seoul District Court 2012Dadan4724, hereinafter “the Judgment on Review”) and the judgment was finalized, which became final and conclusive. Upon the judgment of innocence as above, the Plaintiff filed a lawsuit for retrial on July 10, 2015 (Ulsan District Court 2015Gadan1007). The said court accepted the Plaintiff’s claim on June 28, 2016, and the Defendant appealed with Busan High Court 2016Na1984 and continues to continue the appeal.

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