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(영문) 서울중앙지방법원 2012.12.13 2012고정1608
도시및주거환경정비법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is the president of the G Association, and Defendants B and C are directors of the said Association.

In addition to the matters stipulated in the budget, the Housing Reconstruction Association shall go through a resolution of the general meeting composed of its members, despite the fact that the contract becomes a partner

1. On March 15, 2010, the Defendants conspired with the Defendants to enter into a contract for the delegation of a lawsuit with D law firm with each of the following matters: (a) with respect to the litigation cases involving the return of unjust enrichment between the said union and the Seocho-gu Seoul High Court (Seoul High Court 2009Na104320); and (b) with respect to the payment of the retainer fee of KRW 10 million and the contingent fee of KRW 50 million between the said union and the Seocho-gu Seoul High Court (Seoul High Court 2010Gahap1260), including the transfer of ownership; and (c) with respect to the payment of KRW 10 million and the contingent fee of KRW 20 million; and (d) without the resolution of the general meeting at the office of the said association with the third level of H death.

2. On June 2010, the Defendants conspired to file a civil lawsuit claiming KRW 363.1 billion against the DaS Construction Co., Ltd., a contractor, at the above partnership office located in Seocho-gu Seoul, Seocho-gu Office for the first instance on the third floor, and according to each of the evidence held by D and D and I offices as follows: (a) it is apparent that the “claim amount” stated in the facts charged is a clerical error in the winning or agreed amount; (b) it is obvious that the “claim amount” is a clerical error in the winning or agreed amount; and (c) it is corrected as indicated in the facts charged. By concluding a delegation contract with the contents of paying a lawsuit, the said association arbitrarily promoted the contract that will be liable for the union members, in addition to the matters set forth in the union’s budget.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness J;

1. Minutes of each board of directors (record 91-92 pages of investigation records) and data on matters of partnership publication (record 14-17 pages of the same record);

1. The investigation records of each delegation contract are 18-23 pages.

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