beta
(영문) 의정부지방법원 2016.10.27 2016나678

손해배상 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From April 4, 2014, the Plaintiff was elected as the Chairperson from May 11, 2015, when performing the general duties of the Senior Citizens Association from the Pocheon-si Senior Citizens Association.

B. From April 4, 2014, the Defendant filed a petition with the Korean Senior Citizens Association of Korea (hereinafter “Korea Senior Citizens Association”) on August 12, 2015, on the grounds that the Plaintiff embezzled public funds, etc., on the grounds that the Plaintiff embezzled public funds.

C. On September 1, 2015, the president of the Sincheon-si Branch requested the Defendant to accurately verify the withdrawal and payment of money, receipts, etc. and to answer the audit results, but the Defendant did not answer any question.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Although there was no embezzlement of public funds, the Plaintiff’s assertion of the parties had suffered from the Defendant’s malicious petition, due to the Defendant’s appearance at the Macheon-si Branch twice or more times, etc., and thus, the Plaintiff sought payment of KRW 1.5 million as consolation money.

In regard to this, the defendant asserts that the plaintiff's embezzlement suspicion against the plaintiff and the plaintiff's failure to vindicate it well, the defendant's petition was made to the Macheon-si Branch to clarify it in detail, and that he did not perform his duties as an auditor. However, he did not respond to the request for supplementation by the Macheon-si Branch due to his old age.

3. According to the evidence prior to the determination and the purport of the entire pleadings, the charge of the Plaintiff’s embezzlement may be acknowledged as having been terminated without any disposition by the Defendant as the Defendant did not comply with the request for supplementation of the audit results of the Macheon-si Branch. However, the following circumstances acknowledged by the entry of the evidence No. 1 and the purport of the entire pleadings are as follows. Article 12(5)3 of the Articles of Incorporation of the Korean Senior Citizens Association provides that “when any illegal or defective points are discovered as a result of the audit, reporting them to the general meeting and the competent authority” as the auditor’s duties. The Plaintiff