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1. All appeals by the Defendants are dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Defendants.
Reasons
1. Facts of recognition;
A. The Plaintiff is a cooperative within Incheon Metropolitan City, and Defendant B served as the president of the Plaintiff’s partnership from January 1, 2008, and finally approved the execution of the budget. Defendant C served as the Plaintiff’s managing director from January 1, 2005, while controlling the business and making an interim decision on the budget execution. Defendant D served as the head of the Plaintiff’s planning office from March 2009 to September 201, and planned and promoted the Plaintiff’s business according to the direction of Defendant B.
B. Article 28 subparag. 5 of the Plaintiff’s articles of incorporation provides for the resolution of a general meeting on approval of a business plan, and Article 24(1) provides that a meeting shall be resolved with the consent of a majority present and present.
Defendant B presented the agenda items for the approval of the E business to the General Assembly on December 4, 2009, but rejected 10 marks, 7 marks, 6 marks, and 8 marks in favor of 24 representatives present at the General Assembly of Representatives. On February 9, 2010, Defendant B again presented them to the General Assembly of Representatives but did not vote against representatives. On May 27, 2010, Defendant B again rejected 21 representatives present three times at the General Assembly of Representatives, but did not vote again in favor of 21 representatives, 7 marks, 6 marks, and 8 marks.
C. As above, insofar as the E business was rejected three times at the representative general meeting of representatives, Defendant B, the president of the partnership, did not have the authority to execute the Plaintiff’s budget for the E business, the Defendants concluded a provisional contract with G operator H on November 2009, around May 7, 2010, with the contract deposit amount of KRW 10 million as the contract deposit, around May 11, 2010, KRW 190 million as the intermediate payment, around May 28, 2010, KRW 200 million as the remainder payment, and around July 9, 2010, issued KRW 120 million as the remainder payment, and executed from May 31, 2010 to July 13, 2015 as well as KRW 120,000,000,000,0000 as the deposit money for the production of commemorative products.
On June 15, 2010, I, at the time, was the representative of the Plaintiff, made occupational embezzlement or embezzlement of the Defendants.