손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a clan that is a joint ancestor, and the defendants have been in charge of the chairperson's duties, the defendant C has been in charge of the general affairs, and the defendant D has been in charge of the financial affairs.
B. On November 13, 2015, the Plaintiff clan held a general meeting of shareholders to elect F as the president. The Plaintiff’s clan appointed G as a general secretary, and constituted the 19th executive organ by appointing H as a finance.
C. At the time when the Defendants performed their duties as the executive branch, the Plaintiff clan constructed the K Building upon entering into a contract for the new construction of the K Building, which is the inter-city J neighboring commercial building in the Leecheon-si.
[Evidence Evidence: Descriptions of Evidence No. 1 and the purport of the whole pleadings]
2. Determination on this safety defense
A. The defendant asserts that the lawsuit of this case should be dismissed because the plaintiff clans of this case agreed that the plaintiff clans of this case will not raise civil and criminal legal issues against the defendants who are the 18th executive directors.
B. However, there is no evidence to acknowledge the above assertion by the defendant only with the statement of the evidence No. 1, and there is no other evidence to acknowledge it (the evidence No. 1, which was made on December 28, 2015, was made between the defendant and the defendant, who is an executive officer of the 19th executive branch and the 18th executive branch, during the process of taking over the affairs of the plaintiff clan, and thus, is null and void since it was not subject to the resolution of the general meeting of the plaintiff clan). The defendant's above safety defense cannot be acknowledged.
3. Determination as to the cause of action
A. The defendants alleged by the plaintiff are officers of the plaintiff clan, and have a duty of care as a good manager in managing the affairs of the management and disposal of the plaintiff clan's properties.
Nevertheless, the defendant B, the representative of the plaintiff clan, has paid the clan membership fee of the plaintiff clan in a fraudulent manner or executed it unfairly, and therefore, the damage details Nos. 1 to 8 of the attached Form No. 8.