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(영문) 대전지방법원홍성지원 2014.06.25 2013가단8861
약정금
Text

1. As to KRW 6,400,000 and KRW 5,600,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 400,00 from August 30, 2012, and KRW 400,00.

Reasons

1. Basic facts

A. The Defendant, who was the president of the Plaintiff, was dismissed from office as the president at the Plaintiff’s ordinary general meeting held on June 18, 2012, when managing the Plaintiff’s funds with an account opened in the name of the Defendant (red as the “instant account”).

B. Meanwhile, at the time of the Defendant’s dismissal, KRW 6,460,890 was deposited in the instant account. However, without the Plaintiff’s consent, the Defendant withdrawn KRW 5,60,000 on August 30, 2012, and consumed KRW 400,000 on September 5, 2012, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of the judgment as to the cause of the claim, the defendant dismissed from the office of the plaintiff's president and then removed and used KRW 6,400,000 among them without the plaintiff's consent, although the defendant returned the deposit deposited in the account of this case to the plaintiff. Barring special circumstances, this constitutes a tort, and thus, the defendant is obliged to pay the above amount to the

B. As to the judgment of the defendant's assertion, the defendant asserts that the defendant did not constitute a tort since the defendant paid expenses to lease the office for the management and operation of "D", which is the local specialty sales site established by the plaintiff, and to purchase the office fixtures, etc. inside the office.

However, even if the Defendant, as alleged by the Defendant, leased the office for the purpose of operation D and paid the expenses related thereto, insofar as the Defendant had already been dismissed on June 18, 2012 and lost the Plaintiff’s authority to represent the Plaintiff and execute the Plaintiff’s funds, it cannot be deemed that the relationship with the Plaintiff is justified. Thus, the Defendant’s above assertion is without merit.

C. Accordingly, the Defendant’s lawsuit against the Plaintiff amounting to KRW 6,400,000 and KRW 5,600,000 among them, respectively, from August 30, 2012, and KRW 400,000 from September 5, 2012, and KRW 400,000.

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