(영문) 부산지방법원 2018.02.08 2017가단313086

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(영문) 부산지방법원 2018.02.08 2017가단313086

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 2, 3, and 7, together with the whole purport of the pleadings.

On June 21, 2012, C, the husband of the Defendant, was elected as the president of the Plaintiff Union.

B. On December 1, 2014, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff (the representative C) shall pay the interest of KRW 50 million to the Defendant at the rate of KRW 24% per annum from December 1, 2014 to the day of full payment, and on February 28, 2015, with respect to the Plaintiff (the representative C) as Busan District Court 2016 tea909, and that “the Plaintiff shall pay the Defendant KRW 50 million and its interest at the rate of KRW 24% per annum from October 11, 2016 to the day of full payment” (hereinafter “instant payment order”). This was served on the Plaintiff on October 11, 2016.

C. D and E, F, and G, a director of the Plaintiff Union, filed an application with the Busan District Court 2016Kahap332 against C for a provisional disposition suspending the performance of duties by the head of the Plaintiff Union. Accordingly, the said court shall not perform the duties of the head of the Plaintiff Union until the Busan District Court 2016Kahap45727 decided January 5, 2017, on the grounds delineated below.

2. He shall be appointed as the acting director of the Plaintiff Union during the period of suspension of the performance of duties by C; and

The decision was made with the content of "...."

1. Basic facts

A. 30 members of the Plaintiff Union, including F, proposed a proposal to dismiss C from the president of the Plaintiff Union on the ground that C had committed many illegal acts, including the payment of the construction cost by unsatisfing the underground parking lot in the A market as the president of the Plaintiff Union.

B. On June 11, 2016, by the foregoing proposal, an extraordinary general meeting of the Plaintiff Union was held, and 97 members, from among all 184 members, attended and passed a resolution to dismiss C from the president of the Plaintiff Association on a unanimous basis.

2. Determination C.

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