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(영문) 전주지방법원 2016.09.07 2014가합3725
채무부존재확인
Text

1. Defendant (Counterclaim Plaintiff)’s Defendant (Counterclaim Plaintiff) pursuant to the decision of the Personnel Committee established on October 18, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

Facts of recognition

A. On May 7, 2009, the Plaintiff was appointed as the president of the Defendant Union and served as the president of the association.

B. On December 2, 2008, the Defendant Cooperative decided to carry out the meat construction business (hereinafter “instant business”) for slaughter, processing, and selling Korea-style cattle produced by its members in a temporary society by purchasing Korea-style milk produced by its members in a temporary society.

C. On March 30, 2010, the board of directors of the Defendant Union selected C representative D as a trustee of the instant business, and the Plaintiff, as the president of the Defendant Union, entered into a contract for the lease of land processing plant and the supply of livestock products with D on April 20, 2010, and contracted the instant business to D.

On May 201, 201, the regular audit of the headquarters of the NANNN on the Defendant Cooperative was conducted in the middle of May 201, and the result of the audit was pointed out and recommended that it is inappropriate to operate the instant project by a contracting method, the Defendant Cooperative, upon the resolution of the board of directors, concluded a commission sales contract and human resources contract for the instant project with D on May 26, 201.

E. D, from May 201 to May 2013, 201, through the process of selling livestock products upon entrustment of the instant business of the Defendant Union from May 201 to May 2013, 939,685,084 won was embezzled by the so-called “scambling in stock boxes” method, which arbitrarily disposes of the stock products and contains other products in stock boxes.

F. On October 18, 2013, the Secretariat of the Audit and Inspection Committee of the Agricultural Cooperatives Federation (hereinafter “Central Audit and Inspection Committee”) determined the amount of damages incurred to the Defendant Union due to D’s embezzlement as KRW 939,657,00,00, and among them, determined the responsibility of officers and employees, including the Plaintiff, as set forth below, as KRW 242,90,000, the amount of disciplinary action requested by the Cooperative Audit and Inspection Committee was determined as follows.

He shall be subject to disciplinary action (defensive) for two months from office 90,200,000 head A (Plaintiff) for one month from office 76,900,000 head of the Partnership B (Plaintiff) for a reprimand of 20,900,000 head of G reprimand of 20,700,000 head of office before signing the name of the original position.

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