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(영문) 광주고등법원 2016.01.08 2014나4810

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The Plaintiff is an incorporated farming association established on August 5, 2010 for the purpose of producing, distributing, selling, etc. crops, such as both distribution and quantitative wave, by becoming the promoters of P, R, S, T, U, and Defendant. The Defendant is a person who was employed as a director in charge of quantitative distribution business from the time of the Plaintiff’s establishment and resigned from office around July 4, 2012.

On February 21, 2012, P, directors R, S, T, Defendant, and U.S., the representative director of the Plaintiff, held a board of directors and resolved on the Plaintiff’s business plan and the director’s method of performing their duties (hereinafter “instant resolution”), and the following matters are included therein:

1. Within this Note, notarial deeds shall be completed between KRW 50 million and KRW 70 million.

(S), U, T, or the defendant)

2. It shall not have been in a pregnant room or a book delivery work from time to time;

3.B and S shall adjust the outstanding amounts from the internal date.

From 4 to 10. omitted 11. Profit loss distribution is limited to both waves.

Meanwhile, on the other hand, the Defendant, as an occupational embezzlement, embezzled KRW 59,459,00 between around August 9, 201 and April 24, 2012, by taking the Defendant’s personal account to return the work expenses, etc. that the Plaintiff paid to both-spawn farmers while being employed as a director, and appealed as the Gwangju District Court Decision 2014No461, Feb. 7, 2014, the Defendant was sentenced to a two-year verdict of suspended sentence for 8 months of imprisonment and appealed as the Gwangju District Court Decision 2014No461, Feb. 7, 2014.

(1) On August 1, 201, 201, 19.2,00, 200, 19.2,000, 19.2,000 of the deposit and receipt of the deposit in the method of committing the crime, and voluntarily using C, after receiving a refund of working expenses, etc. from a two-wave farmer on August 10, 201, 201, 30,000 of the purchase price of two-wave D, 4 " 4,01, 3,000" 4 " 0.3,000, 000, 000 or 0.0, 00, 00 or 0.0, 00 or 0.0, 00, 00 or 6.0,00 or 8.0, 19, 2008, G198, 2008, 19, 2005, 2008.