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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts are not disputed between the parties, or are acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1, 12-1, 2, 14, 16, and 17.
From June 22, 2004 to December 24, 2005, the Plaintiff served as the head of the C-Partitioning Land Association (hereinafter only referred to as the “Association”), and the Defendant served as the auditor of the association for the same period.
B. During the Plaintiff’s work as the head of the partnership, the partnership filed a lawsuit against the Plaintiff seeking compensation for damages with the Ulsan District Court 2012Gahap5618 (hereinafter “related cases”), and the above court rendered a judgment ordering the Plaintiff to pay the partnership damages by arbitrarily paying the partnership’s property to a third party the sum of KRW 65,779,140 (hereinafter “Embezzlement”), including the sum of KRW 4,004,400 on July 28, 2004, and KRW 61,776,740 on August 2, 2004, and KRW 65,779,140 on August 2, 2004.
C. On April 8, 2014, the Plaintiff and the Plaintiff appealed to the above judgment by Busan High Court No. 2013Na8588, and the Defendant appeared as a witness on the date of pleading on April 8, 2014, and testified to the effect that the Plaintiff paid the instant embezzled money to a third party and that the Plaintiff did not participate in it. On May 13, 2014, the appellate court rendered a judgment dismissing all the Plaintiff’s appeals by recognizing that the Plaintiff embezzled the instant embezzled money, and the said judgment became final and conclusive around that time.
On the other hand, the current U.S. Co., Ltd., a creditor of the union, was issued a seizure and collection order against the above damage claim that the union had against the Plaintiff according to the above judgment as the U.S. District Court 2014TTT76, and the Plaintiff was issued a seizure and collection order as to the above damage claim against the Plaintiff on June 23, 2014, as the U.S. District Court 2014TF207, Jun. 23, 2014, totaling KRW 65,772,980.