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(영문) 울산지방법원 2017.10.18 2016가합21168
손해배상(기)
Text

1. The Defendants jointly share KRW 812,111,360 with respect to the Plaintiff and the period from September 8, 2007 to April 29, 2016.

Reasons

1. Basic facts

A. Defendant D, around 2007, was a director with the Plaintiff’s power of representation, and the chairperson of the E-Federation, an affiliated organization of the Plaintiff (hereinafter “Mutual Aid Association”). Defendant C, around 2007, was a director with the power of representation of the Defendant Incorporated Association B (hereinafter “Defendant Association”) and the chairperson of the Ulsan District Advisory Council of the said Mutual Aid Association.

B. Around April 2007, Defendant C paid a large amount of damages to Defendant D, “The Defendant Association lost the pertinent lawsuit against Ulsan Metropolitan City and Ulsan-gun, thereby paying a large amount of damages. The appraised value of 20% of the shares of the Defendant Association (hereinafter “Ulsan-gu F building”) out of the Ulsan Metropolitan City and the site of the Defendant Association’s Ulsan-gu Association (hereinafter “Ulsan-gu”) is merely KRW 400 million and the Defendant Association is merely KRW 8.5 million,000,000,000,000,000 won for obligations to Ulsan Metropolitan City, etc., there is no remaining association of the Defendant Association. The Plaintiff asked the Defendant Association to the effect that “The Ulsan-do Association may continue to use the Ulsan-do-gun, after purchasing the Ulsan-do-gun at least KRW 900,000,0000, and the Defendant D consented thereto.”

After that, Defendant G, as publicly recruited with Defendant C on August 9, 2007, at the H Auction Court of the Ulsan District Court, had Defendant D’s relative I comply with KRW 1,250,000 equivalent to KRW 437,884,640,00 in the above auction, which is equivalent to KRW 3 times the appraisal of Ulsan-si’s house held by the Defendant Association at the above auction. After having the Plaintiff’s representative right to purchase the above amount as a director with the Plaintiff’s right to purchase, the Ministry of Construction and Transportation, who had the right to approval of use of reserve funds, did not approve the use of reserve funds. However, on September 6, 2007, the Ministry of Construction and Transportation, which was prior to the expiration of the payment of the purchase balance in the above auction procedure, required the Defendant C to withdraw the remainder of the sale from the passbook managed by the head of the Tong-gu District Financial Cooperative on September 7, 2007.

In this respect.

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