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(영문) 서울고등법원 2018.12.12 2018나2003982
채무부존재확인
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) in total.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning of this court concerning this part of the basic facts is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the defense prior to the merits on the merits

A. On December 20, 2015, the Plaintiff’s resolution on the extraordinary general meeting of December 20, 2015, which elected the Defendant’s gist L as the president, is null and void. Since the minutes related to the said extraordinary meeting and the signature book of the attending person are forged, the instant principal lawsuit filed by L on behalf of the Plaintiff is unlawful as it is by the

B. 1) In full view of the overall purport of the arguments in evidence Nos. 6-1, 2, 5, and 31, the Plaintiff: (a) held an extraordinary general meeting on December 20, 2015 and elected L as the president; (b) filed a lawsuit seeking confirmation of invalidity of the resolution of the said extraordinary general meeting on May 30, 2018 and rendered a judgment confirming that the said resolution of the extraordinary general meeting is null and void (U.S. District Court No. 2016Na492), and (c) filed by the Plaintiff’s appeal and pending the said case in the appellate court (Seoul High Court No. 2018Na2028, Aug. 18, 2018). As such, the Plaintiff asserted that the instant lawsuit was ratified after being selected as the representative of the Plaintiff; and (d) provided that the Plaintiff’s representative of the Association No. 2016, Jul. 27, 2017, 2017>

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