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(영문) 창원지방법원 2016.09.08 2016나50836
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money order under paragraph (2) shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s expulsion resolution 1 against the Defendant is a fishing village fraternity consisting of fishermen who reside in the A fishing village branch in Tong-si. The Defendant was the head of the above A fishing village fraternity from January 1, 2001 to October 2006. 2) The Defendant, around January 2004, embezzled the Plaintiff’s funds while being kept in custody as the head of the Plaintiff’s fishing village fraternity, was sentenced to imprisonment for two years from September 9, 2009 to August 20, and the judgment became final and conclusive.

3) On November 8, 2006, the Plaintiff held a general meeting on November 8, 2006 and passed a resolution to expelled the Defendant on the grounds of the above embezzlement, etc. (hereinafter “instant resolution for expulsion”).

(B) Around July 28, 2011, the Defendant withdrawn from the Plaintiff. (B) The Defendant filed a lawsuit claiming the payment of dividend from the Changwon District Court’s branch office around June 5, 2013 to September 2, 2011 on the premise that the Plaintiff is a fishing village fraternity member from June 27, 2006 to September 2, 2011, on the premise that the Defendant is a fishing village fraternity member from the Changwon District Court’s branch office around June 5, 2013.

(2) On July 1, 2014, the resolution of expulsion of this case rendered on July 1, 2014, partly winning the Defendant’s judgment in favor of the lower court (hereinafter “the first instance judgment on dividends”) that orders the payment of accrued dividends of KRW 8.7 million and damages for delay on the ground that the resolution of expulsion of this case remains effective against the Defendant.

C) The Defendant received provisional execution and deposit money based on the judgment of the court of first instance on dividends of the Defendant (1) based on the judgment of the court of first instance on September 25, 2014, based on which the Defendant received a claim seizure and collection order as to KRW 11,090,107 among the Plaintiff’s deposit claims against the Tong Young-gu Fisheries Cooperatives (2014TA) by Changwon District Court Branch Branch Branch Branch of Changwon Branch of Seoul District Court on September 25, 2014, and the said order was served to the Tong Young Fisheries Cooperatives

2 On October 1, 2014, the Tong-gu Fisheries Cooperatives shall be the amount claimed by the Changwon District Court No. 1058 of 2014.

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