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(영문) 의정부지방법원 2016.06.17 2015가단41756

위자료

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The designated parties, including the Plaintiff, are members of the incorporated association C (hereinafter “instant association”), and the Defendant is a person who served as the auditor of the instant association. While the Defendant was conducting a regular audit at the meeting room from September 2, 2015 to September 4, 2015, the fact that the Defendant went to the meeting room on September 4, 2015 and carried out various accounting data and membership lists, etc., which are outside expenses, does not conflict between the parties, or that the fact that the Defendant went to the meeting room at around September 13:0, 2015 is recognized by comprehensively taking into account the overall purport of the pleadings in the statement No. 1.

2. The assertion and judgment

A. The plaintiff's assertion that the defendant stolen the membership roll, etc. of the Association of this case and did not return it, so it is uneasy whether the designated parties including the plaintiff, etc. have leaked personal information or forged the qualification certificate in China, etc., and the defendant suffered mental shock by SNS members, etc., so the defendant should compensate for mental damage suffered by the designated parties including the plaintiff.

B. On September 4, 2015, while the Defendant was conducting a regular audit at the meeting room of the instant Association, the fact that the Defendant went to the meeting room on September 13, 2015 and had various accounting data and membership lists, etc., which are outside the meeting room. However, solely on the above facts acknowledged, it is difficult to deem the Defendant’s above act as a tort against the designated parties including the Plaintiff, not the instant Association, and there is no other evidence to acknowledge it. Furthermore, even if the above act is likely to constitute a tort against the designated parties including the Plaintiff, etc.

In full view of the purport of the entire arguments as seen earlier, the Defendant, at the time, refused to submit some of the materials by the instant association, and opened a meeting room with the materials that were possessed by the instant association in order to prepare an audit report in which D and D of the instant association were to cause a conflict.