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(영문) 서울중앙지방법원 2019.01.18 2018나23178
위약벌
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. 1) The parties asserted that the Defendant violated the instant contract by entering into a contract for the registration of ownership preservation of new buildings, etc. that the Plaintiff agreed to delegate to the Plaintiff to a law firm (with limited liability), and thus, the Defendant is obligated to pay KRW 105,218,640, which is equivalent to 30% of the amount on the certified judicial scrivener’s remuneration table that the Plaintiff may receive in the event that the Plaintiff performed the Defendant’s duties specified in Article 3 of the instant contract pursuant to the instant contract. (2) The instant contract concluded by the Defendant falls under the case of “a contract that becomes a partner’s burden other than the matters stipulated in the budget” under Article 24(3)5 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”). The Defendant is invalid since it did not go through a resolution at a general meeting

B. Article 24(3)5 of the former Act provides that “a contract that becomes a partner shall undergo a resolution by a general meeting of shareholders for the matters that directly affect the rights and obligations of the partners.” This is for procedural guarantee to ensure that the intent of the partners can be reflected in matters that directly affect the rights and obligations of the partners. Thus, if an redevelopment and consolidation project association entered into a contract that is a partner of the partnership without a resolution by a general meeting of partners, other than those that are stipulated in the budget, the contract is invalid. In this case, “a contract that becomes a partner's burden other than the matters stipulated in the budget” refers to expenditure of money or debt, beyond the items and scope stipulated in the budget of the partnership.

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