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(영문) 청주지방법원제천지원 2020.08.19 2020가단20568
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate body of a clan similar to a clan, which consists of “an adult aged 20 years or older who is residing in thecheon and Support of the clan with a class of Dam-man’s descendants and lives in thecheon and Support of the clan.”

The Defendants were members of the Plaintiff, and Defendant B served for the Plaintiff’s general duties from January 1, 1998 to December 31, 201.

B. On February 26, 2019, the Plaintiff held a general meeting (hereinafter “instant general meeting”) and resolved to file the instant lawsuit against the Defendants.

The details of minutes prepared after the general meeting of this case are as follows.

The number of members present at the resolution of the lawsuit at an ordinary general meeting for the settlement of accounts in 2019: The agenda of 26 members among the 40 senior members.

1. The defect to proceed with the proceedings with the 20 affirmative votes, the 4 dissenting votes, and the 26 participants in the case concerning the defendant Eul and the defendant C lawsuit. (The 26 participants in the proceedings and the 26 participants in the proceedings shall be the attorney-at-law and the attorney-at-law shall continue to proceed with the appeal or begin to proceed again from the first instance trial) among the number of participants present at the meeting, F, G, H, I, I, and the dong B, and have been directly signed. The J shall not have attended the meeting but signed.

2. The proceedings shall be initiated to entrust the president to K (based on recognition), entry of evidence Nos. 5 and 9, and the purport of the whole pleadings;

2. The summary of the Plaintiff’s claim is that the Defendants, while keeping KRW 31,852,608 owned by the Plaintiff in a regular deposit account in the name of the Defendants, provided it to a third party at will.

The Defendants jointly have the obligation to pay the Plaintiff the above KRW 31,852,608 and the delay damages therefor.

(Claims for Damages against the Defendant) and Defendant B sold land owned by the Plaintiff on February 5, 2010 and did not refund KRW 10,000,000 out of the purchase price of the land.

Therefore, Defendant B is obligated to return to the Plaintiff KRW 10,000,000 and damages for delay thereof as unjust enrichment.

(2) On the ground of appeal No. 3, the court below's determination as to the legitimacy of the lawsuit of this case

A. Defendant B’s principal safety resistance L, M, N,O, etc., and female clans.

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