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(영문) 광주지방법원 2019.10.16 2018나65544 (1)
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The 51th alumni conference of the Plaintiff’s status C Elementary School (hereinafter “instant alumni conference”) was established in around 2003 to promote the friendship of the C Elementary School 51 alumnis in Yong-Namnam A, Yong-nam, and the Plaintiff is a member of the instant alumni conference.

B. 1) On June 20, 2014, at the regular meeting of the Plaintiff, the Dong branch of the instant case: (a) when the general secretary E embezzled membership fees and was at issue; (b) at the time, 43 members of the Dong branch of the instant case were the members of the Dong branch of the instant case; (c) thereafter, the Dong branch of the instant case was a regular meeting on October 11, 2014; (d) the dispute was occurred between the creative members while pursuing embezzlement to G, who are the president; and (e) thereafter, the Plaintiff filed a criminal complaint against G and the general secretary under the direction of the Plaintiff.

3) On January 26, 2016, the aforementioned G and E are subject to a summary order of each fine for occupational embezzlement (hereinafter “instant summary order”) of the Gwangju District Court Decision 2015 High Court Decision 2015 High Court Decision 6348.

(4) On January 25, 2016, the above summary order was issued, and the facts constituting the crime were finalized. The general secretary E of the Dong branch of the instant case embezzled membership fees of 17.48 million won in total on eight occasions from October 26, 2012 to October 24, 2013. The president of the Dong branch of the instant case and the above E embezzled membership fees of 1.0 million won in collusion with the president of the Dong branch of the instant case and embezzled membership fees of 300,000 won in the instant case.) The Plaintiff started consultation to file a civil lawsuit against the damages caused by embezzlement of the membership fees of the said Dong branch of the attorney-at-law operating the Defendant from January 25, 2016, and completed the delegation of the contract between the Defendant and the said Dong branch of 300,000 won in accordance with the terms of the instant case’s remuneration contract (hereinafter “the agreement”).

C. The filing of a lawsuit under the delegation contract and the outcome of the judgment

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