배당금 등
1. The defendant shall pay to the plaintiff KRW 8,700,000 and KRW 700,00 among them, from January 30, 2008, KRW 1,500,000.
1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account Gap evidence Nos. 1, 2, 5, 6, 8, and Eul evidence Nos. 1 to 5 (including serial numbers) and the whole purport of the pleadings as a result of the order to submit documents to the defendant by this court.
The defendant is a fishing village fraternity consisting of fishermen who reside in Tong Young-si, and the plaintiff is a person who was the head of the defendant's fishing village fraternity from January 1, 2001 to October 2006.
B. However, around January 2004, the Plaintiff: (a) stated that “2,600,000 won of the design cost for restoring the village hall damaged by typhoons caused by typhoons, was first paid out of the common capital of the fishing village fraternity; (b) then, (c) received KRW 2,600,000 from D as the common capital of the fishing village fraternity; (d) then, (e) received KRW 27,850,000 from D; and (e) embezzled the Defendant’s funds in addition to embezzlement by taking over KRW 2,60,000 equivalent to the above design cost, while working for the Defendant with the transfer of KRW 2,60,000,000 for the Defendant’s general account under the Plaintiff’s name, and then, (e) embezzled the Defendant’s funds by consuming the amount of KRW 2,60,000 for personal use, such as living expenses, etc.
[The plaintiff was found guilty on September 9, 2009 on the charge of the above embezzlement, etc. (the defendant was finally found guilty on September 9, 2009, 2008 Gowon Branch of Changwon District Court No. 2008Ma1526, 8 months of imprisonment, and 2 years of suspended execution).
Accordingly, on November 8, 2006, the Defendant held a general meeting and resolved to dismiss the Plaintiff on the grounds of embezzlement, etc. (hereinafter “instant expulsion resolution”). D.
However, the Plaintiff withdrawn from the Defendant at around July 28, 201, after the resolution of expulsion of this case.
E. Meanwhile, the Defendant concluded an exercise contract with the employer on the fishery right and distributed the fees, etc. to the fishing village fraternity members via a resolution of the general meeting.