(영문) 수원지방법원 2019.10.29 2018나83956

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(영문) 수원지방법원 2019.10.29 2018나83956

손해배상

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1. The plaintiff's appeal is dismissed.

2. Upon the ancillary claim added by this court, Defendant C is 80.0

Reasons

1. Facts of recognition;

A. From October 2001 to November 18, 2016, Defendant B had been in the vice-chairperson of the Plaintiff clan, Defendant C had been in the position of general secretary of the Plaintiff clan, D had been in the position of president, and E had been in the position of auditor.

B. Defendant C withdrawn KRW 80,000,000 from the above account on February 7, 2003 (hereinafter “instant account”) while managing the Plaintiff’s clan’s funds in its own account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. As to the primary claim, the plaintiff asserts that the defendant B, the defendant C, D, and E have the duty of care as a good manager with respect to the preservation of the plaintiff's property for the plaintiff's clan, but at least he did not take any measures to resolve the plaintiff's property even though he knew of the fact that the plaintiff's property was executed unfairly on January 27, 2007, and did not take any measures to resolve it, since the extinctive prescription of the loan or tort claims against the defendants of the plaintiff's clan expired, and the plaintiff's clan suffered damages equivalent to KRW 80,000,00, and thus the defendants, the joint tortfeasor, the joint tortfeasor of occupational breach of trust, are jointly liable to pay 80,00,000 won to the plaintiff's clan and damages for delay.

Considering the whole purport of the pleadings as a result of the party's personal examination against the defendant C, the defendant C voluntarily withdraws 80 million won from the account of this case on February 7, 2003 to the defendant B, and the defendant B did not return the above KRW 80 million to the plaintiff's clan until now, and the defendant B can be deemed to have embezzled the money of KRW 80,000,000 for the plaintiff's clan jointly, and the defendants can be deemed to have embezzled the money of KRW 80,000,000 for the plaintiff's clans money, while the defendants jointly embezzled the money of KRW 80,000 for the plaintiff's clans money.

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