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(영문) 부산지방법원 2019.04.03 2017가합52234
부당이득금반환 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by E.

Reasons

1. Facts of recognition;

A. The Plaintiff is a foundation that is not a legal entity established with G’s basic property as an endowment for purposes of business, such as Fposium, law society for this purpose, and theory law, and operated H as an inspector. On March 12, 2004, the Plaintiff appointed G as the president, and three directors, and I as auditors, respectively.

B. As G died due to a traffic accident around October 2014, the Plaintiff held a board of directors on October 23, 2014 and made a resolution to appoint E as a director, Defendant B, D, and two other directors, respectively, and Defendant C as an auditor (hereinafter “the first board of directors resolution”).

C. On December 1, 2015, the Plaintiff again held a board of directors to dismiss E from the Plaintiff’s chief director and H’s awareness, and made a resolution to appoint Defendant D as chief director (hereinafter “the second board of directors resolution”).

[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 1 and 4 (including each number), the purport of the whole pleadings

2. The Defendants asserted by the Plaintiff are jointly and severally liable to pay to the Plaintiff KRW 371,790,000 as part of the return of unjust enrichment and delay damages therefrom, since they were appointed respectively by the board of directors of the first and second board of directors, the president, director and auditor, and then unduly withdraw KRW 371,79,790,268 from the passbook in the Plaintiff’s name of passbook 246,025,563, and H from the passbook in the name of passbook 125,764,705.

3. Determination on the defense prior to the merits

A. The Defendants asserted that the instant lawsuit is unlawful and dismissed as it was filed by a person who is not qualified as a representative, since E is an unqualified person to represent the Plaintiff.

In this regard, the plaintiff shall have five directors under the articles of incorporation, and the board of directors shall be convened with attendance of a majority of the registered directors, and shall pass a resolution with the consent of a majority of the present directors.

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