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(영문) 의정부지방법원고양지원 2017.06.09 2016가합71440

손해배상(기)

Text

1. As to KRW 450,00,000 and KRW 30,210,00 among the Plaintiff, Defendant B shall be from August 1, 2012 to May 11, 2016.

Reasons

1. Facts of recognition;

A. On September 8, 1994, the Plaintiff is a clan, the registration of which has been completed in accordance with the procedures for granting registration numbers for real estate registration at the time of Pakistan.

Defendant B is a person who served as the chairperson of the Plaintiff from February 8, 2008 to October 13, 2012, and Defendant C was a person who served as the financial officer of the Plaintiff from February 8, 2010 to October 13, 2012.

On July 17, 2012, Defendant C had the name of Defendant C changed from D to C.

B. On January 27, 2009, the Plaintiff decided to sell the E-ri-ri land owned by the Plaintiff to KRW 800,000 or KRW 1 million per ordinary meeting, but Defendant B, the president, was responsible for and carried out. On August 2, 2009, the Plaintiff passed a resolution of the board of directors to delegate the sale of land owned by a clan to Defendant B, the president.

C. On October 30, 200, the Plaintiff entered into a sales contract with the content that: (a) on October 30, 200, the Plaintiff sells KRW 47,000 square meters and KRW 40,036 square meters in Fanju-si, the ownership of which was 94,545 square meters and KRW 4,37,545 square meters in purchase-price to a school foundation (hereinafter “Seo River”); (b) on January 18, 2010, the Plaintiff sold KRW 47,545 square meters in Fanju-si, the ownership of which was 94,545 square meters in H, I, J, and K for KRW 3.3 billion; and (c) on January 18, 2010, the Plaintiff sold KRW 2,212 square meters in Pakistan-si, the ownership of which was 16,716 square meters in total, KRW 716,530,000,00,000.

From January 12, 2010 to October 2010, 2010, KRW 281,00,000, out of the down payment 1,000,000 received from the KGG from the KGGG from January 12, 2010 to the KGGG from November 2, 2009, the Plaintiff withdrawn KRW 3,200,000 on January 12, 2010 from that time, while the Plaintiff transferred the money from the KGC’s account to the Defendant B management account, and then, from that time, he arbitrarily consumed KRW 154,00,00,000 from that time to October 20, 200, Defendant B used KRW 154,000 for embezzlement as the down payment, and kept KRW 20,000 as the check at his own discretion from around October 1, 200, 200.