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(영문) 대구지방법원 2017.11.15 2017나309478
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff’s members including C, etc. asserted that the Defendant was not elected as the head of the Plaintiff’s general meeting on January 13, 2015, and filed a lawsuit against the Plaintiff for the confirmation of the existence of abandonment of the land of the Plaintiff.

(Seoul District Court 2016Gahap10).(b)

In the foregoing case, on June 15, 2016, conciliation was concluded to the effect that “the re-election to elect the head of a branch shall be held by June 30, 2016,” among the above union members, the Plaintiff, and the Defendant of the Mediation Intervenor.

C. Following the above conciliation, the Plaintiff conducted a reelection on September 28, 2016, and as a result, D was elected as the head of the branch, and the Defendant lost the status of the head of the branch on October 1, 2016.

The defendant is the representative of the plaintiff, and is "the account of this case" below "the defendant's name of the defendant."

(i) manage the Plaintiff’s funds by using the Plaintiff’s funds. [In the absence of a dispute over grounds for recognition, entry of Gap’s evidence No. 2, and the result of the order to submit financial transaction information to medical agricultural cooperatives, the entire purport

2. The Defendant alleged the Plaintiff as the Plaintiff’s representative and did not go through the transfer process without having opened only KRW 98,314,747 on the account opened in the name of the Defendant (Evidence A3 and 4) around September 2016. Therefore, the Defendant’s claim that the following amount of damages or return of unjust enrichment based on the Defendant’s unlawful act was claimed by the Plaintiff without depositing the amount of KRW 75,00,000 in a periodical deposit amount, and thereby, incurred damages equivalent to the remainder of the amount calculated by subtracting the amount of KRW 928,734 paid by the Defendant from the periodical deposit interest 2,795,856, and KRW 1,867,122, and ② the Defendant received KRW 1,867,122 under the name of the Plaintiff’s representative, from February 12, 2015 to September 7, 2016, the Defendant received KRW 100,000 from the Plaintiff’s office under the name of the Plaintiff’s office.

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