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(영문) 서울고등법원 2020.01.22 2018나2062967
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part concerning prohibition of interference with operation and demand for indirect compulsory performance shall be revoked and revoked.

Reasons

1. Basic facts

A. Relation 1) Social Welfare Foundation E (hereinafter “E”)

A) A corporation was a representative of H for the purpose of establishing and operating a sanatorium for older persons and a child welfare facility. E has F Care Center and I Infant Care Center under its control. 2) The Plaintiff, Defendant C, and D are children of H and Defendant B.

B. On November 17, 1997, after the dispute between the Plaintiff and the Defendants and the preparation of each of the instant notes, H died on November 17, 1997, Defendant B and the president of the F Care Center, Defendant C, and Defendant D, respectively, appointed as a director with the power of representation of E. 2) The Plaintiff was appointed as the head of the F Care Secretariat from May 1, 1999 to the Plaintiff, and Defendant B filed an application for provisional disposition, such as exclusion of interference with business, with the Jeonju District Court 200Kahap180, which did not cooperate with the Plaintiff in the transfer of all of the duties in a way that the Plaintiff did not transfer all kinds of materials or passbooks related to the operation of the F Care Center.

3) On March 28, 200, Defendant B and C prepared a written agreement stating that “Defendant C transferred all documents and books related to the F Care Center’s work to the Plaintiff and did not participate in the operation or personnel management of the F Care Center, and Defendant B also guaranteed the Plaintiff’s operation of the F Care Center” (hereinafter “the first letter”).

(2) On the same day the application for provisional disposition mentioned in Paragraph (2) was withdrawn.

4. On July 14, 200, the Defendants confirm the validity of the first letter by Defendant B and C to the Plaintiff and, in any case, promise to thoroughly implement and comply with the first letter.

The defendants mobilization a new provision on the resolution of the board of directors, the amendment of the articles of incorporation, the replacement of the representative director, the replacement of the head of a facility, the merger of corporations, the coordination of the division, the transfer of business, the appointment of employees, etc., or the introduction, amendment or other bypassing methods, or failure to perform the first letter on account of changes in circumstances, or perform their positions or duties against the

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