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(영문) 창원지방법원 2017.05.11 2016나50867
채무금 반환청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The defendant is the branch office of the non-party C affiliated with the non-party corporation, which aims to contribute to the development of local community photographs and culture and the protection of rights and interests of photographers and the improvement of their status, and the non-party E is a person elected as the head of the defendant's 16th chapter on January 30, 20

E around May 208, pursuant to Article 13 of the Regulations on the Operation of Section C, an incorporated association, appointed the Plaintiff as a financial secretary, from that time, the Plaintiff served as a financial secretary until February 10, 201.

B. E was reappointed as the head of the 17th branch office of the Defendant around February 2011, and the six-story of the culture and arts center located in F on February 10, 201, and received the transfer and takeover of accounting-related affairs from the Plaintiff at the office of the Defendant’s six-story of the culture and arts center G and the head of the office H.

C. E filed a complaint on March 30, 2012 and April 3, 2012, which was after the transferee was transferred, that the Plaintiff embezzled the Defendant’s public funds twice during the Plaintiff’s work as the Defendant’s financial secretary, but against this complaint, on November 28, 2012 and December 28, 2012, issued a decision of non-prosecution (not suspected) disposition (Article 4624, 4624, 201, 2012, 13539, 2013). On February 5, 2013, the Defendant filed a lawsuit against the Plaintiff on February 1, 2013 against the Plaintiff, claiming for the return of unjust enrichment by embezzlement of KRW 42,915,50 as the Plaintiff’s financial secretary, but was dismissed.

E On February 5, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for the crime that he embezzled part of the subsidies received from the D market (the Jinwon District Court Jinwon Branch 2012 High Court 640 Occupational Embezzlement), and was permanently expelled from the Defendant on March 27, 2013, and the Defendant was elected as the head of the 18th branch office on May 2, 2013.

[Ground of recognition] Gap evidence 2 (including paper numbers), 3, Eul evidence 1, 3, and 4, witness of the first instance court, H, J, and E's testimony, the purport of the whole pleadings

2. The Defendant’s assertion from May 208 to January 201.

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