logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.13 2018가단122363
부당이득금
Text

1. The Defendant’s KRW 50,901,007 as well as the Plaintiff’s annual rate of 15% from August 9, 2018 to May 31, 2019, and the following.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a Housing Redevelopment and Improvement Project Association established for the purpose of implementing a housing redevelopment project in the Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu 68,843 square meters and approved by the head of the Daegu-gu Dong around June 7, 2014.

B. The Defendant was appointed as a director at the Plaintiff’s meeting held on October 19, 2016 at the Plaintiff’s meeting of the board of representatives, and was appointed as an acting director at the board of directors held on January 24, 2017, as both D and E, who were appointed as the president of the partnership at the Plaintiff’s meeting of the Plaintiff’s general meeting, were dismissed.

C. On February 24, 2017, the Plaintiff passed a resolution to dismiss all executive officers of the partnership including the Defendant at an extraordinary general meeting held on February 24, 2017, and F, a director, was designated as an acting director in accordance with the Plaintiff’s articles of incorporation.

The new president and executive officers of the partnership were appointed on November 8, 2017.

However, the defendant requested that G Co., Ltd. (hereinafter “G”) borrow money in the Plaintiff’s name of acting as the president of the association after the above resolution of dismissal from office from February 28, 2017 to the same year.

5. up to 31. A total of KRW 50,901,007 received from the Plaintiff’s account and used it as the following table.

On February 3, 2017, 200, the cost of an attorney-at-law in a lawsuit seeking invalidation of dismissal of 3,300,000 on February 3, 2017, for the purpose of KRW 200,00,00, the cost of an attorney-at-law in a lawsuit seeking invalidation of dismissal of 50,000 on March 3, 2017, and the stamp for a lawsuit seeking invalidation of dismissal of 10,840,000 on March 13, 2017, including the operating cost of an association of 1,000,000 on March 20, 2017, including the cost of operating the special meeting of 0,300,000,000 general assembly of 0,000 general assembly of 8,50,000 general assembly of 0,000 general assembly of 20,000 general assembly of 15,2017.

F. The Plaintiff’s director and auditor dismissed at the above extraordinary general meeting, including the Defendant, asserted that the above dismissal resolution was invalid on the ground that there is a serious defect.

arrow