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(영문) 광주고등법원 2016.06.15 2015나11464
해임결의무효확인
Text

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. Basic facts

A. The Defendant (hereinafter “Defendant church”) is a church belonging to B religious organizations, and the Plaintiff is the head of the Defendant church, as the head of the Defendant church, selected as an auditor who is a member of the Defendant church church in accordance with the articles of incorporation of the Defendant church, and was in office as an auditor from January 1, 2013.

B. On January 11, 2008, D, while working as the executive secretary of the instant resolution of dismissal, D (i) withdrawn KRW 1,040,000 from the account in the name of the Defendant church to the account in the name of the Defendant church and requested the J, the head of the O branch of the Defendant church, where the account in the name of the Defendant church was opened, to request the withdrawal of KRW 1,040,000 from the account in the name of the Defendant church, and used the said KRW 1,040,000 for personal purposes until April 12, 2013, D embezzled KRW 374,294,525 of the funds of Defendant church by using the personal purpose after withdrawing cash from the account in the name of the Defendant church or transferring it from the account in the name of the Defendant church to another account.

In addition, D entered and requested the J to request the details of false deposits and withdrawals into the accounts in the name of the defendant church in the process, and the J accordingly fabricated the false details of deposits and withdrawals from the accounts in the name of the defendant church, and D and J conspireded to forge the electronic records of the ESF in collusion.

B. On September 4, 2013, at the temporary assembly of the defendant church held on September 4, 2013, the executive secretary D used 10,000,000 won out of the funds of the defendant church, and the F and the head of the finance division G reported that the executive secretary D used 100,000,000 won out of the funds of the defendant church and repaid it.

The defendant church constituted a special committee for the investigation of financial accidents and investigated the act of embezzlement of D church funds from September 14, 2013 to October 6, 2013, and the special investigation committee on financial accidents on October 6, 2013, D church funds of the defendant church and D church on October 6, 2013.

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