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(영문) 인천지방법원 2020.11.24 2020가단5920
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 2,00,000 as well as 5% per annum from March 20, 2020 to November 24, 2020.

Reasons

1. Basic facts

A. C fishing village fraternity is a fishing village fraternity established under the Fisheries Cooperatives Act in the area of the Dol, Eri, Fri, and Griwon, Incheon po-gun, and the Plaintiff was a member of the fishing village fraternity who was a member of the fishing village fraternity on August 5, 2008, and was working as C fishing village fraternity from March 20, 2013.

B. On July 2, 2015, the members of the C fishing village fraternity recommended the Defendant as the representative of the C fishing village fraternity. The Defendant requested to hold an extraordinary general meeting. C fishing village fraternity passed the amendment of Article 3 of the Articles of Incorporation at the extraordinary general meeting on September 10, 2015, the removal of the Plaintiff from the head of the C fishing village fraternity, and the dismissal of the Plaintiff from the member of the C fishing village fraternity.

H Partnership appointed Defendant as a temporary fishing village fraternity on September 15, 2015, and thereafter C fishing village fraternity members elected Defendant as the head of the fishing village fraternity on November 10, 2015.

C. On October 2015, the Defendant filed a complaint with the Incheon District Prosecutors’ Office: (a) “(i) the Plaintiff was dismissed and expelled from special meetings on September 10, 2015, and obstructed the operation of a fishing village fraternity by failing to hand over the relevant documents, official seal, passbook, etc.; (b) collected sea ginseng, etc. using diving equipment without a diving fishery permit; and (c) arbitrarily used sea ginseng, etc. deposited by the former head of a fishing village fraternity; (b) sold sea ginseng, molds, fields, etc.; and (c) sold sea ginseng, fields, etc., but did not deposit sales proceeds of KRW 44,472,00,00, and KRW 25,000,000, without depositing it into the account of the fishing village fraternity; and (d) leased the fishing village fraternity license fishing village fraternity to the Plaintiff and embezzled KRW 800,000,000 for voluntary consumption.”

Therefore, the prosecutor of the Incheon District Prosecutors' Office did not interfere with the business by force or fraudulent means in relation to the obstruction of business on April 14, 2016, and 30,000,000 won of the deposit money of the fishing village fraternity was deposited into the account of the fishing village fraternity in relation to the occupational embezzlement, and 44,472,00 won of the sales price of fishery products was deposited into the account of the plaintiff's personal account, but the plaintiff claimed that it was used as the public fund of the fishing village fraternity and claimed that it was used by

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