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(영문) 춘천지방법원원주지원 2016.04.07 2015가단33143
손해배상(기)
Text

1. The defendant D and the defendant E Association shall jointly:

A. From July 22, 2014, Plaintiff A 33,160,500 won and its related thereto.

Reasons

1. Basic facts

A. Defendant E Association (hereinafter referred to as the “Defendant Association”) is a juristic person that carries out projects necessary for the implementation, supervision and recommendation of government policies related to G projects, the preparation and management of statistics on the projects of the Association members, the development and operation of incidental projects and common facilities necessary for the Association's projects, the education and training of the Association members and employees, the guidance and public relations for the establishment of order, the management of entrusted duties of the Government, the 7th cooperation with the Federation and other City/Do Association members, the 9th cooperation with each other, and the 9th other projects necessary for the achievement of the objectives of the Association.

B. Defendant F is a person who served as a director with the power of representation of the Defendant Association from May 25, 2010.

C. Defendant D is an employee of the Defendant Association from January 1, 2008 to March 20, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. A) Defendant D, around June 2014, had no intent or ability to obtain a G business license from the Plaintiff, thereby deceiving the Plaintiff A as if he/she had such intent or ability.

Defendant D takes over KRW 35,160,500, total of KRW 31,860,400 on June 30, 2014, and KRW 35,160,50 on July 1, 2014 (the nominally paid the above money is KRW 33,000,000, KRW 2,000,000, and KRW 160,40,000 on the membership fee of the Defendant Association) from Plaintiff A to the Agricultural Cooperative Account of the Defendant Association (Account Number: H; hereinafter referred to as “Defendant Association Account”).

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