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(영문) 대전지방법원 2017.06.14 2016가합106029
의무이행 등 청구의 소
Text

1. Of the instant lawsuit, the part concerning the claim for appointment of directors and auditors, the part concerning the claim for issuance of the annual settlement of accounts and the monthly settlement of accounts.

Reasons

1. Basic facts

A. On June 13, 1980, the Defendant’s father D, contributed land, etc. owned by him, and established C, an incorporated foundation, the purpose of which is to create and operate a park cemetery (hereinafter “instant foundation”).

[This Convention] A (the network D, hereinafter the same shall apply) and B (the plaintiff, hereinafter the same shall apply) shall enter into an agreement on the following matters with a view to smooth operation and management of a foundation representing the president (the foundation of this case; hereinafter the same shall apply) and expansion of its size:

- A.I. - (1) The Foundation’s total assets will be increased by KRW 8.2 million, and A will invest KRW 107,320,000,000 as of December 17, 1985, in forest land E located in a public-private partnership owned by the Foundation A as of December 17, 1985, and KRW 4.10,000,000,000,000,000,000,000,000,000.

4) The directors of the Foundation shall consist of six (6) directors, and three (3) directors, each of whom shall be appointed A and B, and the chief director shall be recommended by B from among the directors, and one auditor shall be appointed separately. 7) The debt claims and taxes and public charges of the Foundation incurred before December 17, 1985 shall be borne by A.

8) The amount equivalent to the service period ratio of the retired employee until December 17, 1985 to the retirement employee’s total service hours shall be borne by A. 9) A and B shall endeavor to operate the Foundation in good faith, and shall consult on the operation policies by settling accounts every two months, and shall settle accounts at the end of each business year.

13. In principle, the incidental business of the Foundation shall be directly operated by the Foundation, but it may be leased and operated by mutual agreement, and important expenses, etc., such as the problem of the office of the Corporation, shall be determined by mutual agreement with A and B

B. On April 1, 1986, the Plaintiff jointly operates the instant foundation, and the Plaintiff will contribute to KRW 410,000,000 corresponding to half of the basic property value of the instant foundation.

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