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(영문) 수원지방법원 안양지원 2018.05.09 2016가단16311
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around December 30, 2015, some of the members of a redevelopment and maintenance project association of a district (hereinafter “C&A”) asserted that executives and employees including D were committing an illegal act, including the president of the C&A association. Around December 30, 2015, an emergency countermeasure committee (hereinafter “non-performance of lawsuit”).

The defendant was working as the chairperson of the non-Subrogation, and the plaintiff was working as a member of the non-Subrogation.

B. On May 27, 2016, members of the instant non-Subrogation, including the Plaintiff and the Defendant, drafted a confidentiality pledge with the following contents.

A confidentiality pledge

1. The above principal shall not disclose or divulge to a third party any trade secrets obtained in the course of preparing for the emergency countermeasures committee of an association in relation to the composition of a new executive body and a general meeting for dismissal of executive officers of an association proposed by a member of a housing redevelopment and rearrangement project association (hereinafter referred to as the “association”) as a member of the C district Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as the “Union”) and shall not disclose or divulge to a third party any trade secrets obtained in the course of preparing for a new executive body

2. Where a person violates this vow, he/she shall refer it to the Emergency Countermeasure Committee, and where such violation is obvious as a result thereof, no request shall be made to the Emergency Countermeasure Committee.

3. The donation from January 1, 2015 to the Emergency Countermeasure Committee shall be returned, if the violation is insignificant as a result of the referral to the Emergency Countermeasure Committee.

Provided, That the donations shall be refunded upon resolution by the general meeting of the association.

C. In addition to remitting KRW 9,600,000 to the Defendant’s account on July 26, 2016, the Plaintiff paid KRW 1,000,000 on July 20, 2016, and on July 21, 2016 and on August 25, 2016, respectively, and KRW 1,00,000 on August 25, 2016.

On July 2016, the defendant proposed a resolution to dismiss executive officers, such as C&A president D, etc., and notified that he/she held an extraordinary general meeting on July 24, 2016.

However, the foregoing.

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