Deals & Cases
[Corporate Attorney Defends Against an Injunction to Suspend a Resolution] Case in Which the Creditors' Claim to Suspend the Effect, Filed Before the Final Judgment on the Merits, Was Dismissed
This is the story of a client who requested that Daeryun LLC's corporate attorney defend against an injunction to suspend a resolution filed by creditors.
1. Client Who Requested That the Corporate Attorney Have the Application for an Injunction to Suspend a Resolution Dismissed
The client in this case, who sought out a corporate attorney, was a member of an apartment housing reconstruction and improvement association located in a certain region and was the debtor in this case. The client held an important role within the association.
Earlier, at a general meeting resolution of the apartment housing reconstruction and improvement association, the creditors, who were the former association heads, had been dismissed.
The creditors had committed numerous acts of embezzlement while handling the association's affairs, and as a result, the matter went as far as their dismissal.
The creditors, who did not accept this, filed the application in this case on the grounds of procedural defects.
The client, who needed a prompt response, requested the assistance of Daeryun's corporate attorney.
Why Did the Client Seek Out Daeryun's Corporate Attorney?
The reason the client sought out Daeryun's corporate attorney was that the association head who had been dismissed for committing embezzlement filed an application for an injunction to suspend the effect.
With the association currently at the stage where construction had begun, the client, who had been leading the development, was in a position of having to prevent this application from being granted.
In particular, because the association's financial situation was poor due to the creditors' embezzlement, a somewhat more prompt legal response was needed.
What Did the Client Request of the Corporate Attorney?
The client emphasized to Daeryun's corporate attorney that the association currently needed a great deal of funding, as construction had begun.
In addition, because the opposing side had filed this application on the grounds of procedural defects, the client earnestly requested a legal review related to this matter.
2. Grounds for Dismissal of This Case as Found by the Corporate Attorney
Through close consultation with the client, Daeryun Law Firm formed a corporate attorney team composed of multiple specialists with extensive case experience.
Daeryun's corporate attorney team made clear that unlawful acts by the creditors, such as embezzlement and preferential allocation of units, were the main reasons for the dismissal, and that there had been no procedural defect in the association's general meeting resolution.
■ With the hearing date imminent, the corporate attorney filed an application to postpone the date, which was accepted
■ As a result of an in-depth review of the case, it was revealed that the creditor had embezzled the association's project funds in addition to the embezzlement previously uncovered
■ The creditor also committed unlawful acts, such as making preferential unit allocations to outside parties
■ It was confirmed that the burden on the association members increased due to the creditor's unlawful acts
■ As a result of the review, it was determined that there had been no procedural problem in the association's general meeting resolution
■ Accordingly, the applicants' order for the production of documents and other requests likewise had to be dismissed
3. The Court Accepts the Corporate Attorney's Argument
The court accepted the argument of the corporate attorney of Daeryun Law Firm and issued a judgment stating, “All of the creditors' applications are dismissed.” It also ordered the creditors to bear the litigation costs.
The client had to suffer because of the creditors, who had used the association's funds at will for their own personal gain.
Without any sign of remorse, these individuals went so far as to file the application for an injunction to suspend the effect of the resolution. As a prompt response was needed, Daeryun's corporate attorney uncovered the creditors' unlawful acts and helped the client obtain the desired result.
Daeryun Law Firm's Corporate Legal Group organizes a team composed of multiple legal specialists, including attorneys and accountants, to maximize its expertise. In addition, it has been leading the cases entrusted to it toward success through Daeryun's own litigation system, built on the basis of its resolved cases.
![총회결의효력정지가처분 기각 결정문 [기업변호사 총회결의효력정지가처분 방어] 본안판결 확정 전 채권자들이 신청한 효력 정지 청구 기각 시킨 사례](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240425080706974.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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