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(영문) 광주지방법원 2015.05.13 2013가단64804

손해배상 등

Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 3,532,200, and as to this, from January 1, 2009 to May 13, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, while operating the E-public book (hereinafter “instant public book room”), received subsidies for the operation of the above public book room from the Jeonnam Masung-gun (hereinafter “instant subsidies”).

B. From mid-2005 to the end of 2008, Defendant B served as the Plaintiff’s autonomous president; Defendant C’s secretary for the same period; Defendant D’s autonomous president from June 2009 to December 2010; Defendant G served as the Plaintiff’s autonomous president from January 201 to September 201, 201, respectively.

C. As above, Defendant B, C, and D were assigned to the Plaintiff’s Self-Governing President or the secretary, and managed and operated this case’s subsidy as the Defendants’ account. Defendant B, C, and C received from Gisung Group KRW 5 million on May 2006, KRW 10 million on 2007, KRW 2008, and KRW 20 million on 20 million on 2009.

Defendant B and C, while paying service fees to F, who is well-known in the instant public book room, had actually been used as if they were paid from the Plaintiff’s autonomous membership fees. The specific amount was determined as KRW 1,482,200 on January 2007, and KRW 2,050,000 on February 2, 2008 (the Defendant testified as KRW 3,083,859, but the amount claimed by the Plaintiff was KRW 2,050,000 on the ground that the Plaintiff’s assertion was 2,050,000).

E. Defendant D also paid 7.6 million won out of the instant subsidies to F in such a way as above, and as if he did not actually pay 9.5 million won as electricity fees, Defendant D paid 9.6 million won out of the total amount of KRW 17.1 million, which was prepared as if he did not actually pay 9.5 million as electricity fees, to G, who is the next president of the autonomous council, and used 7.5 million won at will.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 2 and 5 (including a branch number), witness H's testimony, and fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendants are from the Gisung group.