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(영문) 서울서부지방법원 2018.02.13 2017가단208327
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The defendant, prior to the merits, set up a defense against the defense of the court below and the judgment on July 5, 2014 (hereinafter referred to as the "general assembly of this case") agreement between the parties to the lawsuit that the parties would not file a civil or criminal lawsuit in relation to the obstruction of the general meeting of shareholders on July 5, 2014 (hereinafter referred to as the "general

Judgment

In full view of Gap evidence Nos. 2, 15, Eul evidence Nos. 3, and the purport of the entire pleadings, the plaintiff union is acknowledged to have resolved that the plaintiff union filed a criminal complaint against the defendant et al. for interference with the holding of the general meeting of this case against the defendant et al., and subsequently revoked a complaint against part of the defendant et al., and that "the plaintiff union shall only delegate compensation and legal response to the expenses incurred in the holding of the general meeting of this case to the attorney-at-law for the expenses incurred in relation to the conduct of interference with the general meeting of this case."

However, it is not sufficient to recognize that the Plaintiff’s association has such internal resolution around that time, or that the evidence submitted by the Defendant alone agreed not to file a lawsuit even if there is a civil dispute over the legal relationship regarding the act of interference with the general assembly of this case in the future between the original and the Defendant as the party. There is no evidence to

The defendant's defense prior to the merits cannot be accepted.

The change of the claim of this case in the claim of this case can be made by the time of the closing of argument in the fact-finding court to the extent that there is no change in the foundation of the claim, unless it is obvious that the change in the claim of this case would delay the procedure, and the change in the claim of this case and the cause of the claim would not change the foundation of the claim. In addition, if most of the previous litigation data can be used for the purpose of examining the new claim, the procedure will be delayed.

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