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(영문) 서울중앙지방법원 2016.10.05 2016나28087
손해배상(위자료)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff and the defendant have been employed as a member of the clan E members of the clans Association (hereinafter referred to as the "foreign clans") composed of descendants who jointly set up the "CC 23 years old descendants", since March 29, 2005, the plaintiff has been employed as the auditor of the above clans, and the defendant has been employed as the director of the above clans.

B. On November 6, 2009, the non-party clan held a disciplinary committee and passed a resolution that “the right as a member of the clan shall be suspended for five years” (hereinafter “instant disciplinary resolution”).

In the case of Seoul Eastern District Court 201Gahap17357 case brought by the plaintiff against the non-party clan 201Gahap2864, the intermediate confirmation lawsuit against the non-party clan 201Gahap17357 case, on June 20, 2012, the above court rendered a judgment that "the resolution of this case constitutes a disposition that infringes on the plaintiff's unique and basic rights of the non-party clan and thus it cannot be permitted to be confirmed as null and void." The appeal and appeal by the non-party clan were dismissed and confirmed as to the above part.

C. On the other hand, on May 26, 2011, Nonparty 1 filed a lawsuit against the Plaintiff claiming that the Plaintiff is not a member of the non-party clan (hereinafter “the Plaintiff”) and claiming that the non-party clan is not a member of the non-party clan (hereinafter “the non-party clan 1 lawsuit”), and was sentenced by the above court against October 19, 201, and the non-party clan’s appeal (Seoul High Court 201Na90165) was dismissed, and the said judgment became final and conclusive.

In addition, the non-party clan asserted on December 6, 2012 that the non-party 1, 189, 115,317 won was damaged due to the non-party clan's failure to discover the non-party clan's employees F and G embezzlement, although the plaintiff et al. had a duty of care to audit the financial status of the non-party clan and maintain and manage the property properly as an auditor, and due to negligence, the non-party 1,89, 115,317 won was incurred (hereinafter "the second lawsuit"), and filed a lawsuit claiming damages against the non-party 5 (hereinafter "the second lawsuit").

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