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(영문) 인천지방법원 2015.07.07 2014가단22719
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 24, 2013, the Plaintiff Union was an organization comprised of persons holding a license for private taxi transport business in Incheon Metropolitan City, and was sentenced to the judgment of July 24, 2013 that “The Plaintiff Union shall pay KRW 5.2 million out of the said money and damages for delay to each of the said money jointly and severally with D and E” (hereinafter “C, etc.”) by filing a lawsuit for an agreed payment claim against C, D, and E (hereinafter “Plaintiff Association”).

(A) The District Court 2012Kadan96457, hereinafter referred to as the "Agreement Fee First Instance"). (b)

The contents of the judgment of the first instance court on the agreed amount of money set forth in the agreement were agreed to pay KRW 200,000 per 1 taxi that was traded with the plaintiff union in the event that the transaction of private taxi was made by arranging in the name D between the original union and the plaintiff union, but the defendant, who was the representative of the plaintiff union at the time of the above 200,000 won, was under investigation by the investigative agency, changed the agreement with the plaintiff union to deposit donations or to cooperate in the creation of welfare fund, etc., and thereafter did not specify the above duty of cooperation. Accordingly, C should pay KRW 5,20,000 for the agreed amount for the period during which the payment agreement is recognized

(D) No party shall be present on the date of pleading without submitting a written response, and the claim against D and E by the Plaintiff Union was accepted in full.

As to the judgment of the first instance court on the agreed amount, both the Plaintiff Union and C et al. appealed (Seoul District Court 2013Na14002). At the time, the Defendant, a representative of the Plaintiff Union, submitted a written withdrawal of the lawsuit on November 22, 2013, and the said agreed amount case was terminated by the withdrawal of the lawsuit.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 through 6 (including virtual numbers), the purport of the whole pleadings

2. The Plaintiff Union was entitled to receive KRW 28.2 million for C, etc. according to the judgment of the first instance court on the agreed amount. However, the Defendant’s deposit with C, etc. without going through the representative general meeting or the resolution by the board of directors.

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