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(영문) 서울북부지방법원 2017.07.19 2016가단118940
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 8,890,90 and the interest rate of KRW 15% per annum from May 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B was the representative of the Federation in 2008 and 2009, and Defendant A was the representative in 2010 and 2011.

B. The Plaintiff provided subsidies of KRW 360,00,000 to the CFederation. Defendant B used KRW 16,390,900, and Defendant A used KRW 34,747,470 for other purposes in violation of the Support for Nonprofit Non-Governmental Organizations Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. Determination

A. The receipt of the alleged subsidy from Defendant A prior to the merits is a C Federation by an unincorporated association and is not a defendant A. The instant lawsuit filed against Defendant A is unlawful as it was filed against a person who is not a party to the lawsuit. 2) In the performance lawsuit, the person alleged by the Plaintiff as a performance obligor has the standing to be the defendant.

(See Supreme Court Decision 96Da13927 delivered on September 18, 1998). Defendant A’s defense prior to the merits is rejected.

B. According to the facts of recognition as to the cause of the claim, barring any special circumstance, Defendant A is obligated to pay damages for delay calculated at the rate of 15% per annum with respect to each of the above amounts, including KRW 25,390,550, and KRW 8,890,90, and KRW 15% per annum with respect to each of the above amounts, from the day following the delivery of a copy of

C. On May 18, 2012, Defendant A’s assertion that Defendant A’s statute of limitations defense had been known to the existence of Defendant A’s tort, and three years have passed thereafter, the Plaintiff’s claim for tort against Defendant A terminated by prescription. The period of extinctive prescription is five years. The claim for the return of subsidies by a local government is five years. The Plaintiff’s claim for tort against Defendant A was extinguished by prescription, five years after the date of the tort committed by Defendant A. According to Article 82 of the Local Finance Act, the right of the local government for the purpose of paying money is extinguished unless it is exercised for five years, except as otherwise expressly provided for in other Acts.

The provisions of other Acts.

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