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(영문) 대전지방법원 2020.11.24 2019나108143

손해배상(기)

Text

The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

(b) actions;

Reasons

1. Basic facts

A. The Plaintiff is a person who operated the company C, and the Defendant is employed as the president of the old-age association around November 201.

In June 2014, the person who was employed as the president of the Gannam branch and retired is the person.

B. B. Before October 2012, the Plaintiff and the head of the branch office, etc., who are the end of the end of each month, gathered and did not collect or withdraw separate membership fees from the end of each month. On October 2012, the Plaintiff agreed to collect membership fees from the conference held in the Jeonju around October 2012 in order to promote friendship and mutual aid, and to prepare overseas travel expenses, and the Defendant had to act as the general manager.

C. On November 6, 2012, the number of members of a meeting is about 10,00,000, including the Plaintiff and the Defendant, and the Plaintiff posted a notice on the bulletin board of the next carpet, operated by himself, on November 6, 2012, that the Plaintiff, the president, 40,000 won for the purpose of accumulating overseas travel expenses, the remainder of the members, respectively, KRW 30,000,000,000,000 per month, and KRW 250,000,000 per month, and KRW 1,50,000 per month, respectively.

The Defendant managed membership fees by means of depositing or receiving membership fees from the account opened in the name of the Plaintiff (hereinafter “instant account”) and disbursed the travel expenses, ordinary and congratulatory expenses, domestic travel expenses, and other incidental expenses from membership fees.

E. On November 2012, the Plaintiff paid KRW 4,50,000, including overseas travel expenses. On December 2012, 2012, the Plaintiff paid KRW 4,330,000 as membership fees, in addition to bearing KRW 3,80,000 for the expenses spent in D, among the expenses spent at meetings. From January 2013 to October 2013, the Plaintiff paid KRW 4,330,000 as membership fees in cash or remitted to the instant account.

F. Around February 2013, E, a company run by the Plaintiff, was in charge of the general affairs of the group from January 2014.

around January 2014, there was almost no balance remaining after the membership fee account of the group established in the name of the Plaintiff, but the group raised an objection against it until November 2014, which was continued by the group.