지부장 선거무효 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a non-corporate association established as a branch of the Association B for the purpose of promoting friendship and protecting rights and interests of private taxi transportation business operators who work in the Gyeongbuk-gu C.
The plaintiff is the defendant's member, who was employed as the head of the defendant's branch from January 2005 to September 30, 2016.
B. On December 3, 2015, the Plaintiff was sentenced to the punishment of a fine of KRW 1,00,000 for the criminal facts that forged and exercised one copy of the document “the 11st Representative Election Report (Notice)” in the Defendant’s name of the chairman of the election management committee (hereinafter “the 11st Representative”) under the Defendant’s name, and the said judgment became final and conclusive around that time.
C. The Defendant brought a lawsuit against the Plaintiff seeking the payment of unjust enrichment and damages, KRW 3,819,122, and damages for delay, on the following grounds: “The Plaintiff received KRW 700,000 from the Defendant on seven occasions from February 12, 2015 to September 9, 2016 without any ground, and unjust enrichment on September 29, 2016, even if the Defendant received KRW 130,000 from the Defendant on the ground of replacing the office computer disc as the replacement of the office computer disc, and thereby unjust enrichment.”
On July 12, 2017, this Court ordered the Plaintiff to pay the unjust enrichment amounting to KRW 830,000 received from the Defendant as the replacement of the above business trip expenses and hard disks, and sentenced the Defendant to a judgment dismissing the remainder of the claims.
(1) The Plaintiff and the Defendant appealed to the Daegu District Court on November 15, 2017, and the Daegu District Court partially accepted the Plaintiff’s appeal on November 15, 2017, and rendered a judgment dismissing each of the remaining appeals by revoking the part of the unjust enrichment amounting to KRW 700,000 and the part of the damages for delay, which were received under the name of withdrawal equipment, from among the unjust enrichment cited by the first instance court.