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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 key issue of this case is: (a) the Plaintiff sought payment of KRW 946,00 (monthly 200,000 x April 22) from February 2015 to June 22, 2015 to the Defendant on the ground that the Plaintiff was acting as the Defendant’s representative (chairperson) during the pertinent period; and (b) the Defendant asserted that the Plaintiff could not pay the printing price because the Plaintiff did not normally perform representative duties after January 19, 2015, such as submitting a written resignation to the Defendant on January 19, 2015.
Therefore, I will examine whether the plaintiff has performed his duties as the representative of the defendant from February 2015.
2. Facts of recognition;
A. On July 2014, the Plaintiff was elected as the Defendant’s representative.
B. On April 28, 2014, prior to the appointment of the Plaintiff as the representative, the Defendant selected Han-gu Co., Ltd. (hereinafter “ Han-gu”) as the successful bidder for the rupture repair and re-building construction of the Defendant apartment complex, and entered into a construction contract. The Han-gu Co., Ltd. (hereinafter “ Han-gu”) started construction in accordance with a contract with the Defendant from May 9, 2014.
However, on July 25, 2014, the Plaintiff, as the representative of the Defendant, notified the termination of the contract to Han-gu business on the grounds of civil petition, etc.
Accordingly, around October 10, 2014, Korea-2 filed a lawsuit against the Defendant on the grounds of the above unilateral notice of termination of contract (Seoul District Court 2015No. 2015Da51026). Ultimately, the Defendant received a settlement recommendation to pay KRW 4,00,000 as compensation in addition to the construction cost on August 2015.
C. Around January 19, 2015, the Plaintiff submitted the letter of resignation to the Defendant, and the Defendant processed the Plaintiff’s resignation and appointed C as the president’s agent on or before February 6, 2015, but C also was appointed as a temporary representative from February 10, 2015, while D’s temporary representative was performing his/her duties, he/she elected E as a new representative and obtained the approval of the change of the representative from the North-gu Seoul Metropolitan City office on or around June 23, 2015.
Since February 2015, the defendant is the defendant.