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(영문) 서울서부지방법원 2017.09.28 2016가합39422
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the parties concerned

A) The Housing Reconstruction Improvement Project (hereinafter “instant Project”) with respect to the total area of 101,987m2,00,000 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

(2) The Plaintiff is a company established by the general assembly resolution of the instant association held on October 28, 2007, and was granted authorization to establish the association on July 13, 2007 from the Bupyeong-si mayor, and authorization to implement the project on September 10, 2007.

Defendant A, B, C, D, E, F, and G are the persons dismissed on August 29, 2015 after they were appointed respectively as the president of the instant association (Defendant A), directors (Defendant B, C, D, E), and auditors (Defendant F and G) of the instant association on December 13, 2014.

Defendant H was appointed as a director of the instant association on March 12, 2013 and was retired on July 23, 2015.

Defendant I and J are employees of the instant association at the time when the said Defendants were an officer of the instant association.

Defendant K is an attorney-at-law who represented the other party of the instant association in a lawsuit to which the instant association is a party.

B. On January 31, 2008, the instant union entered into a contract for the instant business with the Plaintiff, and thereafter, on two occasions on January 13, 201 and July 8, 201, the instant union entered into a modified contract (hereinafter “instant modified contract”).

A) Around December 2012, the Plaintiff entered into a new apartment construction project under the instant modified contract. Around December 2012, the Plaintiff demanded the instant association to pay additional contributions of KRW 136.8 billion following the increase in the rearrangement project cost. In response to the Plaintiff’s request, the instant association filed a lawsuit seeking confirmation of invalidity of the instant modified contract (Seocheon District Court Branch Branch 2013Gahap3292). 2) The instant association and the Plaintiff negotiated additional contributions between January 7, 2014 and January 10, 2014, and thereafter the instant association’s additional contributions shall be KRW 89.0 billion.

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