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(영문) 대구지방법원의성지원 2015.01.21 2013가단685
소유권말소등기
Text

1. The Defendant’s KRW 45,00,000 as well as 5% per annum from November 26, 2014 to January 21, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 3, 8, and 10 (including additional numbers) and the entire pleadings, the following facts are recognized:

① The Plaintiff is an incorporated association C inspection.

② The Defendant, who was engaged in the management of the inspection property as the chairman of the joint operation of the Plaintiff’s temple located in Chungcheongnam-gun, Chungcheongnam-gun, and was employed in managing the inspection property from November 12, 201 to June 19, 2012 by taking out loans of KRW 190 million in total from the land owned by Plaintiff E, F, G, and H as security to cover the cost of repairing the Plaintiff’s temple’s land for the purpose of personal debt repayment and personal investment in the Dong-dong Saemaul Depository or branch, etc., while in his/her business custody, the Defendant embezzled KRW 45 million in total from September 23, 201, and around October 201.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 45 million based on the tort as well as damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from November 26, 2014 to January 21, 2015, which is the date of delivery of a copy of the claim of this case and the application for modification of the cause of claim, as sought by the Plaintiff after the date of the tort.

2. If so, the plaintiff's claim is justified, and it is so decided as per Disposition by applying Articles 98 and 99 of the Civil Procedure Act to the burden of litigation costs.

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