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(영문) 수원지방법원 2017.07.12 2016가단543569
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are all members of D clans (hereinafter "the clans of this case"), at the ordinary meeting of the clans of 2012, the plaintiff A was elected as the vice-chairperson of the clans of this case at the ordinary meeting of the clans of 2013, and after the resignation of the former president E on November 2013, the plaintiff A was elected as the chairperson acting for the president at the ordinary meeting of the clans of 2015, and the plaintiff B was elected as vice-chairperson at the ordinary meeting of the clans of 2012 and 2015, and was performing duties as the standing vice-chairperson.

B. The defendant filed a complaint against the plaintiffs several times as follows, and against this, the plaintiffs were subject to a disposition of non-prosecution by the fact that all of the plaintiffs are not guilty or not subject to prosecution.

1) The case No. 2013-type 4336 of the Suwon District Prosecutors’ Office (hereinafter “Class 1 case”)

(A) On September 30, 2013, the Defendant filed a complaint with the executive officers and operating members of the instant clan, including E, and the Plaintiffs, on the grounds that “F, who was the standing vice president, decided to pay the attorney’s fees for criminal cases related to the irregularities in breach of trust committed by himself in the course of carrying out the financial affairs of the clan as operating expenses of the clan, thereby causing damage to the clan.” The head of the Suwon District Prosecutors’ Office, as a result of the investigation thereof, stated that the Defendant paid the attorney’s fees from the operating expenses of the clan in breach of trust as alleged by the Defendant, but the remaining operating members except F and E received a report on the subsidization of the above attorney’s fees at the meeting of the steering committee, and did not consult or decide on the subsidization.”

2) The case No. 2013 type 64235 of the Suwon District Prosecutors’ Office (hereinafter “No. 2 case”)

The defendant's occupational embezzlement case No. 2013, No. 46263, which is a suspect, in collusion with operational members of the clan of this case including E and the plaintiffs around August 13, 2013.

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