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(영문) 부산지방법원 2019.02.13 2017나10104
손해배상
Text

1. The judgment of the first instance is rendered as follows upon the Plaintiff’s request that the court changed and expanded the exchange in this court.

Reasons

1. Basic facts

A. The relationship 1 between the parties, including the Plaintiff’s establishment, was established on July 31, 2013 by the Plaintiff, and the Plaintiff’s members as of November 4, 2016 are C, D, E, F, G, Defendant (B), H, and 18 persons, respectively. (2) The Defendant participated in the Plaintiff’s business as the Plaintiff’s members, and performed the Plaintiff’s financial director by June 2016.

B. The Plaintiff’s operation and fund management 1) The Plaintiff jointly participated and operated a profit-making business, such as fireworks sales. On May 2015, the Plaintiff leased a building located in the Busan Seo-gu, Busan, and on the first floor, “K Ka P, and the remainder of the space was used as an office, etc.” (2) The Defendant was in charge of the management and expenditure of the Plaintiff’s corporate capital as a financial director from August 2014 to June 2016, and other members I were in charge of sales and funds settlement, etc. in relation to the operation of the said Ka P, as the management president from June 2016.

3) The Plaintiff’s corporate fund was managed by dividing the Plaintiff’s corporate fund into three passbooks: (i) the Plaintiff’s corporate fund into the Plaintiff’s name, (ii) the Plaintiff’s personal account in the name of the bank, and (iii) the Defendant’s personal account in the name of the Defendant (LO) (hereinafter the above passbook), and (ii) the Plaintiff’s account in the order of order.

(1) On June 2016, the Defendant deposited the card sales among the profits from the above car page, and the expenditure such as the withdrawal was in charge of the Defendant’s account until June 2016. (2) If the cash sales out of the above car page was deposited, and the remaining profits from the cash sales were deposited again into the passbook (3) once, the Defendant disbursed the expenses for the operation of the association and the settlement of accounts for the union members while managing the passbook (3). (4) The Defendant each month related to the management of the Plaintiff’s corporate funds, such as the foregoing paragraph (3).

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