사무관리비용등
1. All of the plaintiff's claims that have been changed in exchange in the trial are dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. In the first instance court, the Plaintiff sought reimbursement of expenses and reimbursement of expenses incurred by the Defendant on the ground of administrative management, and the court of first instance dismissed all the Plaintiff’s claim.
As the plaintiff appealed against the part of the reimbursement of the cost and the cause of the claim is changed in exchange as above, the scope of the judgment of this court is limited to the above part.
2. Facts of recognition;
A. A. Around June 15, 2010, the Plaintiff filed a criminal charge of occupational embezzlement and breach of trust against C, D, and E with the Defendant’s partner, C (the head of the Defendant’s association at the time), D (the managing director at the time), and E (the head of the Defendant’s planning office at the time), even though he did not have the authority to execute the F business and concluded a provisional contract with G and executed the Defendant’s funds.
B. On February 17, 2011, C, D, and E was sentenced to a judgment of conviction (Seoul High Court 2010No7666 decided May 26, 201) that “The Defendant’s budget 663,524,185 won, which was under official custody for the Defendant, was used voluntarily for any purpose other than his/her authority, was embezzled” (Seoul High Court 201No763 decided November 14, 201), and the dismissal of appeal (Supreme Court 201Do7733 Decided November 14, 2013) and became final and conclusive as it is.
C. On July 18, 2014, in civil litigation related to the foregoing case, C, D, and E, “C, D, and E shall jointly pay KRW 163,524,185 and delay damages to the Defendant” (Article 2014Gahap108 of the Incheon District Court Decision 2014Dahap1108) was sentenced, and the appellate court (Seoul High Court Decision 2014Na42372 of May 13, 2015) and the final appeal became final and conclusive around that time.
On October 31, 2014, the Plaintiff received a provisional disposition prohibiting the disposal of real estate owned by the wife E under the name of the Defendant (Yancheon-gu International Apartment 104 Dong 1402, and hereinafter “instant real estate”) (Seoul District Court 2014Kadan9868), and filed a lawsuit seeking revocation of fraudulent act on November 18, 2014. < Amended by Act No. 13588, May 12, 2015>