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(영문) 서울북부지방법원 2017.04.26 2016나5861
발전기금반환
Text

1. The plaintiff's primary claim added by this court is dismissed.

2. The change in this Court to the ancillary one.

Reasons

1. Basic facts

A. The Plaintiff was a member of the Korea Workers’ Association under the CGeneral (hereinafter “C General Meeting”) and was transferred to the E Workers’ Association under the C General Meeting at the end of January 2012.

At the time, the defendant was working as the president of the Labor Council and the dean of the Eth Assembly.

B. On February 27, 2012, at a meeting of the Labor-Management Council, the Plaintiff was demoted to the president of the Labor-Management Council by a resolution of union members, and thereafter, on October 13, 2012, the Plaintiff was elected as the president at a regular meeting of the Labor-Management Council.

C. Meanwhile, between January 19, 2012 and June 18, 2014, the Plaintiff transferred the total of KRW 16,700,90,000 to the account of the Eth Assembly Research Institute as listed in the following table, as follows:

8. 00,00 on January 19, 2012 1. 30,00 on February 17, 2012; 30,00 on March 17, 2012; 40,00 on March 27, 2012; 5. 1,00,00 on April 8, 200 on May 30, 2012; 1,00,00 on May 30, 2017, 200 on May 30, 2017, 200 on June 30, 2010 on June 30, 2018; 40.

D. On January 14, 2013, the Plaintiff received each donation receipt of KRW 12,00,000 in the name of F, the husband of the Plaintiff, KRW 1,000,000 in the name of G, the Plaintiff’s husband, and KRW 1,000,000 in the name of G, the Plaintiff’s husband’s father, and KRW 1,00,000,000 in the name of H, the Plaintiff’s fraud. On January 21, 2013, the Plaintiff issued a second donation receipt of KRW 2,00,00 in the name of the Plaintiff.

E. On March 2015, the Plaintiff filed a complaint with the Defendant for fraud, asserting that “the Defendant would pay to the Plaintiff the development fund of KRW 10,000,000,000 to the Plaintiff for the president of the E Workers’ Union, and the Plaintiff transferred the account to the Plaintiff. In fact, the Defendant did not intend to grant the Plaintiff the part of the E Workers’ Association president to perform his duties.” The Defendant filed a complaint with the Defendant as a fraud, at the Sung-gu District Prosecutors’ Branch Office, on July 15, 2015.

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