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(영문) 대전지방법원천안지원 2020.09.25 2019가합103402
손해배상(기)
Text

1. The Appointor D shall pay to the Plaintiff KRW 16,100,790 per annum from August 31, 2019 to September 25, 2020.

Reasons

1. Basic facts

A. (i) The Plaintiff is an association established to promote the housing reconstruction project of the Dong-gu, Chungcheongnam-gu, Seoul (hereinafter referred to as the “instant apartment”), and the Defendant (appointed party; hereinafter referred to as the “Defendant”) B, Defendant C, and designated parties (hereinafter referred to as the “the Defendants, if necessary”), are the Plaintiff’s members.

The Appointor D is the president of the FF Emergency Countermeasure Committee, the opposing force of the executive branch of the Plaintiff Union, and the rest of the Defendants are the members of the FF Emergency Countermeasure Committee.

Sheshe G was registered as the Plaintiff’s director from December 23, 2016 to September 1, 2018, from February 11, 2017 to September 1, 2018, from February 11, 2017 to September 1, 2018, and from April 21, 2017 to September 1, 2018.

On June 3, 2019, the transfer announcement on the apartment reconstruction rearrangement project of this case was made, and the contents were published in the astronomical 10 June 10, 2019.

B. On November 29, 2017, the Defendants filed a lawsuit against the Plaintiff for cancellation of the management and disposal plan as described in [Attachment 1] No. 1, but the judgment was finalized on August 3, 2019, upon being sentenced to dismissal by the first instance court.

From April 11, 2018 to February 28, 2019, part of the Defendants filed a lawsuit against the Plaintiff for compensation for damages or a claim for return of unjust enrichment based on a tort (hereinafter each of the instant principal claims lawsuit), as stated in [Attachment 1] Nos. 2 through 5]. However, in the first instance court, the lower court was sentenced to a full dismissal judgment or dismissal, and the appellate court was sentenced to a dismissal judgment or the lawsuit was withdrawn.

From June 6, 2019 to June 17, 2019, some of the Defendants filed a lawsuit against the Plaintiff for the confirmation of the existence of an obligation, such as the No. 6 to 10 of [Attachment 1] claims for damages or the confirmation of the existence of an obligation, but withdrawn the lawsuit from February 4, 2020 to March 31, 2020.

On March 16, 2020, some of the Defendants filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the resolution of the general assembly as set out in the following table 11, but was sentenced to dismissal.

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