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(영문) 인천지방법원 부천지원 2018.02.08 2017고정961
업무상배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the member of the shopping mall association in relation to the relationship in which the Defendant is operating the shopping mall No. 115 of the Busan Metropolitan City D apartment shopping mall, and the person elected as the president of the shopping mall association around September 12, 2015 and performing his duties until now.

According to Article 21 of the Do Commercial Building Operation Rules enacted on April 1, 2003, the president of the Do Commercial Building Operation Committee provides that the representative of the Do Commercial Building Operation Committee shall represent the general affairs and operation of the Do Commercial Building, and the Do Commercial Building Operation Committee as the representative of the Do commercial building. In a lawsuit filed by the Do Commercial Building Operation Committee as the party, the president of the Do Commercial Building Operation Committee shall represent the commercial building and conduct the litigation affairs in good faith to ensure the interests of the Do Commercial Building Operation Committee. However, even though the representative G, the Do governor of the Do commercial building owner of the Do commercial building, was the former president in the lawsuit claiming compensation for damages concerning the settlement of management expenses

H Unreasonablely calculated the management expenses of the operating session by carrying out a lawsuit as the defendant

The plaintiff's rejection decision ( June 15, 2015) to the purport that there is no reason to view the plaintiff's claim as the chairperson of the appellate court's changed commercial operation council (Seoul District Court 2015Na 201014, and damages case) brought a lawsuit with the change of the defendant in the appellate court's case (Seoul District Court 2015Na 11014) on March 8, 2016, and submitted a false statement to the effect that "the plaintiff confirmed the fact that the plaintiff requested excessive compensation for 7,475,294 won paid directly by the operating committee at the time" on the date of the first pleading, which was conducted by the court of Incheon District Court 2nd 414 on March 8, 2016, the defendant's commercial operation council, unlike the appellate court's first instance court's judgment, should pay damages equivalent to 7,475,294 won to the plaintiff, thereby causing considerable property damage to the D commercial operation council.

2. Determination

A. The summary of the argument was that the Defendant submitted a written reply on March 8, 2016, as stated in the facts charged, did not have any intention to commit breach of trust or breach of trust.

B. The occupational breach of trust is determined.

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