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(영문) 부산지방법원 2015.01.08 2014가단209612

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a cooperative established with approval from the head of Busan Jin-gu on March 21, 2008 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of redevelopment of housing of Busan Jin-gu E.

B. Defendant B served as the head of the original Plaintiff’s partnership and retired on March 27, 2010 on the Plaintiff’s corporate register and completed the registration of retirement on December 7, 2011.

On December 5, 2011, in the Plaintiff’s corporate register, F was appointed as the president of the Plaintiff’s partnership and completed the registration of taking office on December 7, 201, and Defendant B and C was appointed as the Plaintiff’s director on December 5, 201, and completed the registration of taking office on December 7, 201. Defendant D was appointed as the Plaintiff’s auditor on December 5, 201 and completed the registration of taking office on December 7, 201.

C. The Defendants, etc. filed a complaint against F in 2012 against F on the charge of occupational embezzlement, violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, but the prosecutor in charge of Busan District Prosecutors' Office issued a disposition against F on January 4, 2013 that the aforementioned charges were not suspected due to the lack of evidence (No. 68944 of the Busan District Prosecutors' Office, 2012).

The defendants and G appealed against the disposition of the above suspicion, but the prosecutor in charge of the Busan High Prosecutor's Office decided to dismiss the appeal on February 20, 2013.

The Defendants and G filed an application for adjudication against the above-mentioned disposition, but the Busan High Court rendered a decision to dismiss the application for adjudication on May 28, 2013 (the Busan High Court 2013 Seocho High Court 154). D.

On January 15, 2013, the Defendants, H, I, and G are the Plaintiff’s directors and auditors, and the Hanjin Heavy Industries Co., Ltd. (hereinafter “Kjin Heavy Industries”), a joint contractor, cooperates with executives and employees, such as directors, auditors, etc. in the Republic of Korea, with a firm belief and intent to promote the operation of the association. However, the head of the FMM consulting with non-party members in consultation with the execution of the operation of the association and is in dispute between all our executives and the law, so the lending of the operating expenses of the association is required to be postponed until the dispute over the normalization of the operation of the association and the law is settled.