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(영문) 서울고등법원 2018.03.23 2017나2052062
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be admitted upon full consideration of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 17, 37, 42, and 48 (including a number; hereinafter the same shall apply).

The relevant plaintiff is a regional livestock industry cooperative established under the Agricultural Cooperatives Act.

The Defendant served as the Plaintiff’s standing director from January 1, 2006 to May 31, 2012, and as the head of the Plaintiff’s 12 association from August 10, 2012 to November 14, 2013.

H served as an outside director from March 1, 2006 to March 1, 2014.

B. In around 2006, the Plaintiff promoted the relocation project of the headquarters (hereinafter “instant project”) in order to resolve the problems such as excessive competition caused by the adjacentness with other financial institutions, the cooperation in the site of the headquarters, the shortage of parking space for civil petitioners, etc.

At the time, the president of the Plaintiff’s association was the president of the J (the president of the 9th, 10th, and 11th association was reappointed as the president of the 10th association around August 2004). The Defendant was a standing director on January 1, 2006 and was in office.

The Plaintiff, upon receiving recommendation from its executives and employees, real estate business entities, etc. for sites, such as the Ldong, Mdong, Ndong, Ori, etc., and planned to purchase the land of the head office to relocate the land after purchasing the land of the wife C, 7,636 square meters (hereinafter “the instant forest”), D 1,932 square meters, E 2,932 square meters, E 2,03 square meters, F 122 square meters, G 2,281 square meters (hereinafter “the instant land”).

On September 21, 2007, the Plaintiff purchased the instant forest land in the amount of KRW 4.6 billion for the relocation of its head office to the Korea AFF branch office, and purchased the instant forest land in the amount of KRW 4.6 billion to resolve the instant forest land’s blind problem. Of the instant land, the Plaintiff also reviewed the additional purchase for the expansion of business capacity, and requested to review and approve the instant land.

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