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(영문) 서울중앙지방법원 2018.07.20 2018나7749

손해배상(기)

Text

1. Of the judgment of the court of first instance, payments are made in excess of the following part ordering the Plaintiff to pay.

Reasons

1. Facts of recognition;

A. Status 1 of the parties 1) The Young-gu Association of the Defendant Association (hereinafter “Defendant Association”).

(2) Defendant B, from around C, managed and controlled Defendant D’s business affairs, and managed D’s basic business affairs, and the Plaintiff worked as the Director General in charge of the G state affairs of Defendant Association from around F. The Plaintiff worked as the Director General in charge of the G state affairs of Defendant Association.

B. From August 26, 2013 to December 24, 2013, the Ministry of Culture, Sports and Tourism conducted by the Plaintiff and Defendant B, etc. for various domestic sports organizations including the Defendant Association from around August 26, 2013 to December 24, 2013, prosecutorial investigation was initiated on the suspicion that employees of the Defendant Association embezzled approximately KRW 700 million in the special audit on the operation and overall business of the organization and overall business of the Defendant Association.

On July 2, 2014, an accounting firm that provided services submitted a written opinion to the effect that there was no disbursement resolution for the withdrawal amount of deposits, and that there was a possibility of the diversion of funds or embezzlement of 200 million won, such as the amount of illegal disbursement of expenses for congratulations and business trips, etc. during the above period.

3. On November 14, 2014, the Plaintiff: (a) filed a claim for damages against the relevant employees and related persons, for which embezzlement was discovered based on the facts revealed in the relevant criminal cases by the advisory attorney-at-law of the Defendant Association; and (b) may compensate for the damages suffered by the Defendant Association; and (c) if the photograph of the Defendant Association neglects to take such measures, the Plaintiff may be liable for damages against the Defendant Association or be liable for criminal breach of trust depending on