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(영문) 청주지방법원충주지원 2015.03.04 2014가단2153
마을발전기금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a natural village consisting of a small part of E in Chungcheongnam-si.

B. On November 2010, eight companies, including “F,” etc. (hereinafter “occupant companies”) have promoted the relocation of factories to the Corporation created in the vicinity of the Plaintiff Village.

C. A relocated company contributed KRW 100 million to the Corporation in order to seek cooperation from nearby village residents. Among them, KRW 50 million was paid to the Plaintiff on January 5, 2012, and the remaining KRW 50 million was paid to G village as a small father included in the Plaintiff around April 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion that Defendant B would receive KRW 100 million of the village development fund from occupant enterprises, and was delegated by the plaintiff with the authority to negotiate and receive the village development fund with occupant enterprises.

However, in collusion with other Defendants, Defendant B received KRW 50 million out of KRW 100 million from the village development fund in the name of G village in collusion with other Defendants and did not have any substance as an independent association, and did not return it to the Plaintiff.

The aforementioned Defendants’ act constitutes a breach of trust or embezzlement against the Plaintiff, and thus, the Defendants are obligated to return the said KRW 50 million to the Plaintiff.

3. It is not sufficient to recognize that the Defendants committed a breach of trust or embezzlement against the Plaintiff only with the descriptions of Gap evidence Nos. 1 and 23 (including paper numbers), and witness H testimony alone, and there is no other evidence to prove otherwise.

Rather, in addition to the purport of the entire pleadings in the statement in Eul evidence Nos. 1 through 4, occupant enterprises decide to pay KRW 50 million, separately from the plaintiff, to G villages with the cause of damage caused by the creation of the Corporation and the cause of civil petitions, as they are relatively close to the Corporation among small sides belonging to the plaintiff.

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