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(영문) 서울북부지방법원 2020.04.22 2019나34471
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The gist of the cause of the claim is the branch of the D clan (hereinafter referred to as the "non-party clan"), and the defendants are those who forgee the rules, minutes, etc. of the non-party clan and engage in the operation of the non-party clan as follows.

The defendants, around September 20, 2003, forged the rules of October 20, 200 of the non-party clan and the minutes (No. 9-2) of the non-party clan to select the defendant Eul as the representative of the non-party clan on October 20, 202 and forged the non-party clan's rules (No. 9-3) and forged the non-party clan's rules of October 19, 2003 (No. 9-3) and purchased the non-party clan's compensation money for the expropriation of the non-party clan's land, based on the above rules and minutes, etc.

Therefore, the defendants suffered losses of the sum of KRW 13 billion in the non-party clans (the amount of illegal receipt of deposits of KRW 1 billion in breach of trust of KRW 5 billion in the amount of KRW 7 billion). The non-party clans have two branch clans (the plaintiff and the non-party clans) and the plaintiff has 1/2 or more shares in the non-party clans, so the defendants are liable to compensate the plaintiff for damages of KRW 6.5 billion in the amount of money.

As part of the claims, the Plaintiff seeks payment of KRW 50 million.

2. Each statement of Gap evidence Nos. 1 through 18 (including each number for which the numbers are available; hereinafter the same shall apply) is insufficient to recognize that the defendants forged the rules of each non-party clan around September 20, 2003 and the minutes of the non-party clan dated October 20, 2002 and committed embezzlement or embezzlement, such as the plaintiff's assertion.

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