(영문) 수원지방법원 2016.11.03 2016나6573 | 리걸엔진

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(영문) 수원지방법원 2016.11.03 2016나6573

청구이의

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. C Partnership is a partnership established for the purpose of selling commercial land in connection with the housing site development project for Sititu City to its members. The Plaintiff is a person who was an executive officer of the above partnership, and the Defendant is elected as the head of the above partnership on May 23, 2009 and held office until May 22, 2010.

B. C Union opened an extraordinary general meeting on November 16, 2008 (hereinafter “General Meeting of November 16, 2008”) and confirmed that the amount of union obligations related to the operation of the union is KRW 485,022,871 as of November 30, 2008, and decided to obtain a loan of KRW 500 million on the personal property of officers to repay the said obligation.

C. On November 30, 2010, executive officers of the CF hold a meeting of executive officers of the Association (hereinafter “the instant meeting”) and pass a resolution as follows, and “joint and several sureties” is deemed as joint and several sureties.

1. Details of the meeting

(b)In arranging the deposited money two months after the payment, the executive officers will make joint and several sureties and sell the CF shares of the CF after two months after the termination of the seizure in the Si interesting City, and will pay the partnership obligations.

2. Details of resolution;

B. In arranging the amount of money of the association which falls short after the payment of deposit, C Union is liable to creditors (joint guarantee) and creditors will first cancel seizure and will agree to pay the amount of credit by January 28, 201.

C Partnership opened an extraordinary general meeting on December 19, 2010 (hereinafter “General Meeting of December 19, 2010”) and passed a resolution on December 23, 2010 to allow the Plaintiff to notarized a monetary loan agreement, and accordingly, on December 23, 2010, a notary public borrowed the creditor as a document No. 963, No. 963, 2010, from the Plaintiff and the debtor as C Association, KRW 41,116,132, hereinafter “notarial deed of monetary loan agreement” of this case.

was prepared and proposed.

E. The Defendant’s executive officers of the instant association and the instant meeting on December 19, 2010.

유사 판례

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