손해배상(기)
1. The Plaintiff:
A. Defendant B’s KRW 50,120,000 and its annual rate shall be 5% from September 10, 2014 to October 3, 2018.
1. Basic facts
A. On February 21, 2014, the Gancheon-do Development Corporation publicly announced that the Nancheon-do Development Corporation supplies neighborhood living land in the form of a non-corporate group to “a non-corporate association consisting of persons selected and notified as eligible to be supplied with the G living countermeasure site” of the Fancheon-gun, Chungcheongnam-si and the Gancheon-do.
B. On March 17, 2014, Defendant B collected 13 members and appointed H as the head of the association under the name of the Plaintiff’s inaugural general meeting by opening the Plaintiff’s name. Defendant B was delegated to the Plaintiff’s actual head of the association, who entered into a sales contract for the land for the development of the Gyeongbuk-do and the neighborhood living facilities, received the association’s expenses and contributions
C. On May 9, 2014, the Plaintiff concluded a sales contract for the land for neighborhood living facilities with the content that the land for I neighborhood living facilities was sold to KRW 310,230,000 from the Gyeongbuk-do Development Corporation.
At the time of concluding a contract, KRW 31,023,00, the first intermediate payment of KRW 93,069,000 was paid until September 9, 2014; and KRW 93,069,00 until January 9, 2015; and KRW 93,069,000 until January 9, 2015.
Defendant B managed the Plaintiff’s funds through the JJ account in H’s name, and the Plaintiff’s members are above C.
With respect to the money deposited as a contribution to the purchase price stated in the port, it did not pay it to the Gyeongdo Development Corporation on August 28, 2014, and used at will KRW 50,120,000 on August 29, 2014, KRW 2,340,000 on August 30, 2014, KRW 14,30,000 on September 14, 2014, KRW 7,180,000 on September 10, 2014, and KRW 50,120,000 on September 10, 2014.
As a result, Defendant B was prosecuted for the crime of occupational breach of trust and was convicted on April 20, 2018.
E. On December 20, 2014, the Plaintiff is against L, et al. and one other.
The sales contract was concluded to sell the purchase price of the unit at KRW 744,230,00.
F. Defendant C, on behalf of the Plaintiff, received down payment of KRW 80 million, KRW 150 million in the intermediate payment on January 15, 2015, and KRW 100 million in the intermediate payment on February 16, 2015.
G. The president of the Plaintiff’s partnership shall be the Defendant C.