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(영문) 광주고등법원 2016.06.24 2015나10638 (1)
회계장부 열람 및 등사청구 등
Text

1. The part of the judgment of the court of first instance against the plaintiff which cited the following claims shall be revoked.

Reasons

1. Basic facts

A. The status of the parties is a church belonging to C religious organization. The Plaintiff is a person who was employed as the Defendant’s auditor from January 1, 2013 and was dismissed from the audit by a resolution of the Defendant’s regular party meeting on June 29, 2014, but is in the position of the head.

B. Financial incidents and reporting (1) The F, the Defendant’s secretary, embezzled KRW 374,294,525 in the Defendant’s account by means of account transfer or cash withdrawal from January 11, 2008 to April 12, 2013.

(2) In light of the Defendant’s awareness of F’s embezzlement, the Defendant’s fencer G et al. did not notify the Defendant’s members despite being aware of the F’s embezzlement, and on September 4, 2013, F considered F to have repaid all of the Defendant’s funds by embezzlement of KRW 100 million.

(3) After that, the Defendant organized a Special Committee on Investigation of Financial Accidents from September 15, 2013 to October 5, 2013. On October 6, 2013, the Defendant deemed that F’s useful amount was KRW 186,92,950 among them was repaid.

C. Around October 2013, J, the Defendant’s office residence, filed a criminal complaint and the application for a provisional disposition on inspection and copying of accounting books (1) filed a criminal charge of G and F, etc. on charges of occupational embezzlement, etc. G received a decision of non-prosecution on October 31, 2014, and F, on November 27, 2014.

(1) A judgment of conviction of two years of suspended sentence was rendered for one year of imprisonment due to the facts constituting the crime, etc. (Seoul District Court 2014 High Court 2014 High Court 395).

(2) On May 23, 2014, the Plaintiff filed an application for provisional disposition, such as inspection and copying of account books, etc. (hereinafter “application for provisional disposition of this case”) against the Defendant with the Gwangju District Court 2014Kahap226, and the said court rendered a provisional disposition order against the Defendant upon receipt of the said application (hereinafter “instant provisional disposition order”).

On June 29, 2014, the defendant of the resolution to dismiss the auditor shall file an application for provisional disposition against the defendant at the regular meeting of the 802th regular meeting, and the plaintiff shall perform the duties of the same audit.

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