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(영문) 광주지방법원 2015.04.02 2014가합56586
해임결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 1, 2013, the Defendant church is a church affiliated with B religious organizations, and the Plaintiff was selected as an auditor who is a member of the Defendant church’s organization pursuant to the articles of association of the Defendant church, and was dismissed from office by a resolution of the Defendant church’s 802 regular meeting on June 29, 2014.

B. From November 29, 2010 to December 2, 2011, D, an executive secretary of the Defendant church, used KRW 100,00,000,000, in total, KRW 186,992,950, out of the general accounts and special accounts of the Defendant church from around 2008, in total, KRW 186,992,950, out of the amount of money to be repaid to the E community; on May 4, 2013, the above fact was known to the side of the Defendant church, and the said money was fully repaid from May 13, 2013 to July 2013, 201.

From September 14, 2013, the Defendant church organized a Special Investigation Committee and investigated D’s above utilization activities. On October 6, 2013, the said Committee reported that D’s use of 186,992,950 won was made to the Party and the Regular Organization Association.

3) However, the Plaintiff: (a) prepared a “audit report of financial accidents” and “report on the progress of the audit of the Association; and (b) requested the provision of additional accounting-related data, minutes, etc. other than the existing audit data on the grounds that the additional audit is necessary; and (c) filed an application for provisional disposition, such as perusal and copying of accounting books, etc., with the auditors of the above E Saemaul Bank on March 28, 2014, who did not comply with the request; and (d) filed an application with the Defendant church and the E Saemaul Bank for provisional disposition on March 28, 2014.

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