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(영문) 서울서부지방법원 2016.01.13 2015가합113
손해배상(기)
Text

1. The Defendants are each of the amounts stated in the separate sheet “request and quotation amount” to each of the Plaintiffs and each of them.

Reasons

1. Basic facts

A. Both the Plaintiffs and the Defendants are members of the DHousing Reconstruction and Improvement Project Association (hereinafter “Association”), and 30 members, including the Plaintiffs and the Defendants, oppose the management and disposal plan formulated and resolved by the Union. On November 2007, the Emergency Countermeasure Committee was organized, and the Defendants were their representatives.

B. On March 2008, the Emergency Countermeasure Committee established a cash settlement agreement between the union and the Emergency Countermeasure Committee filed a lawsuit seeking revocation of the management and disposition plan against the union and received a favorable judgment around September 2008, and appealed against the union, but the appeal was dismissed on July 2009.

In addition, on July 2009, the Emergency Countermeasure Committee filed a lawsuit seeking confirmation of invalidity of the disposition of authorization to establish an association against the head of Eunpyeong-gu and received a favorable judgment on May 2010.

On July 31, 2010, the association held a general meeting on response to each of the above actions and proposed to withdraw each of the above actions on the condition that members of the Emergency Countermeasure Committee settle cash.

Around August 2010, members of the Emergency Countermeasure Committee decided to accept the proposal for cash settlement of KRW 13.5 million, total amount of KRW 15.385 million, which was presented by the Cooperative. While the Defendants continued consultation with the representative of the Emergency Countermeasure Committee, the total cash settlement amount of KRW 993,856,00 has increased finally, the Defendants entered into an agreement on February 25, 2011 on behalf of the Emergency Countermeasure Committee on the cash settlement of KRW 16,378,856,00 on behalf of the Union, and the individual cash settlement amount of the members of the Emergency Countermeasure Committee shall be KRW 16,378,856,00 on behalf of the Emergency Countermeasure Committee.

C. After filing a criminal complaint against the Defendants and E, there was suspicion that the Defendants distributed only KRW 15.3 billion, which is the cash settlement amount prior to the increase, and returned to the increased portion, and the Plaintiffs were the Seoul Western District Prosecutors’ Office on June 30, 201.

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