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(영문) 수원지방법원성남지원 2015.11.27 2014가단224751
손해배상 청구의 소
Text

1. The claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendants are incorporated associations D Association (hereinafter “instant incorporated associations”).

(2) On January 19, 201, the Plaintiff entered into an agreement with Defendant B and the Plaintiff to provide the Plaintiff with a letter of resignation of directors of the instant incorporated association at the Plaintiff’s request, instead of paying the amount of goods equivalent to KRW 68 million to E, and upon the Plaintiff’s request, Defendant B entered into an agreement with the Defendants to provide the Defendants with a letter of resignation of directors of the instant incorporated association within three days (hereinafter “instant first agreement”).

3) On the same day, the Plaintiff and Defendant B prepared a letter of confirmation on management expenses, including the fact that the instant incorporated association was divided into F branch and G branch, and among which the G branch was transferred to the Plaintiff by Defendant B. (4) By January 8, 2012, the Plaintiff paid the price for the goods worth KRW 68 million as stipulated in the first agreement of this case to E.

5) On March 14, 2012, the Defendants issued the Plaintiff with the Plaintiff a certificate of resignation and a certificate of personal seal impression affixed to the Plaintiff. The Plaintiff: (a) drafted and issued to Defendant B a certificate of completion of performance of contract that “The first agreement was completed as the Defendants’ performance of their duties on March 14, 2012; and (b) the Defendants’ registration of resignation of directors of the instant incorporated association was completed.” (b) On February 7, 2012, the Plaintiff paid KRW 68 million to E pursuant to the instant first agreement, but the Defendants failed to perform the duty of resignation as stipulated in the instant first agreement; and (b) the Defendants rescinded the first agreement on the grounds of the Defendants’ nonperformance of their duties, and the Defendants were obligated to return KRW 68 million to the Plaintiff as unjust enrichment in accordance with the instant first agreement.

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