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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a cooperative to promote the promotion of welfare among its members who operate a general retail business of food and beverage products. Defendant B is in charge of accounting affairs while serving as the managing director of the Plaintiff Union from around 2005.
On April 30, 2010, Defendant C retired from office as the president of the Plaintiff Union on April 30, 2005, and Defendant C retired from office on March 16, 201.
B. In light of the articles of incorporation of the Plaintiff Union, where the Plaintiff Union intends to amend the articles of incorporation, establish and amend the budget and business plan for revenues and expenditures for each business year, approve the settlement of accounts, expulsion of union members, elect and dismiss union members, and acquire and dispose of real estate, a majority of union members shall pass a resolution at the general meeting present. The contents to be referred to the general meeting, the obligations and redemption of the Plaintiff Union shall be decided by the board of directors
C. On February 24, 2009, Defendant C entered into a contract with E’s agent, who is the owner of the instant land, to purchase the instant land in KRW 822,400,000, with the point of falling short of 11,802 square meters of land D, Ulsan-gu, Ulsan-gu, Incheon-do (hereinafter “instant land”).
After the conclusion of the above sales contract, Defendant C invested KRW 50,000,000 in each of the 10,000,000 from the other parties, and paid it as a down payment to E. In order to pay the intermediate payment on September 9, 2009, Defendant G had Defendant G transfer KRW 65,00,000 from the deposit account of the Plaintiff Union (CF) managed by Defendant G to himself, and paid the above amount to E.
E. On September 15, 2009, Plaintiff Union entered into a contract with the said stock company to receive goods worth KRW 1.50 million from September 15, 2009 to September 14, 201, and as a prior incentive, Plaintiff Union entered into a contract with the said stock company to receive goods worth KRW 1.50 million from September 15, 2009.