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(영문) 서울서부지방법원 2021.03.25 2019가합32729 (2)
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. At the time of around 2009, the Defendant: (a) conspired with the Plaintiff’s president B, certified judicial scrivenerD, and secretary C at around the time of the Plaintiff’s redevelopment and improvement project of the Plaintiff’s housing redevelopment project (hereinafter “instant project”); and (b) concluded a delegation contract with the Plaintiff for a certified judicial scrivener (hereinafter “instant delegation contract”).

However, the delegation contract of this case was concluded without the resolution of the general meeting of the Plaintiff’s members, and included the preservation registration of the Plaintiff’s members and the registration of the transfer of ownership of a general seller. The delegation amount was set excessively as “3,000,000 won for certified judicial scrivener fees and 300,000 won for public charges,” without any accurate calculation details or basis.

Therefore, the Defendant received 300,000,000 won from the Plaintiff to the D name account (on January 7, 2009, KRW 40,000,000, KRW 49,337,170 on February 2, 2009, and KRW 210,662,830 on May 12, 2009) and returned KRW 37,841,580 on January 30, 201, and returned KRW 262,158,420 to the Plaintiff (i.e., KRW 300,000, KRW 37,841,580 on May 12, 2009).

Accordingly, the Plaintiff seeks payment of damages for tort damages of KRW 262,158,420 and delayed damages.

2. In order to constitute a tort in relation to the Plaintiff, separate from the fact that the act of concluding the instant delegation contract without going through the resolution of the general meeting of the Plaintiff’s members violates the procedure stipulated in the relevant Acts and subordinate statutes, such as the Act on the Maintenance of Urban and Residential Environments, the fact of the instant delegation contract is not for the Plaintiff, and accordingly, the circumstances, such as the Defendant’s payment of KRW 262,158,420 to the Plaintiff, which led to the Plaintiff

Even if the procedure is incomplete, if the expenses are incurred in the performance of the work for the plaintiff, such expenses incurred damage to the plaintiff.

subsection (b) of this section.

In this regard, the Plaintiff.

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