(영문) 대구지방법원서부지원 2014.10.16 2013가합2314

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(영문) 대구지방법원서부지원 2014.10.16 2013가합2314

손해배상(기)

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff union's assertion

A. Notwithstanding the fact that Defendant B, the president of the Plaintiff Union, was dismissed by the resolution of the general meeting on November 28, 2009 and was not authorized to perform the duties of the Plaintiff Union, Defendant B, who was the president of the Plaintiff Union, voluntarily embezzled KRW 63,787,650 from December 1, 2009 to December 31, 2009, KRW 23,50,500 from January 1, 201 to January 8, 2010, and withdrawn KRW 31,459,472 from November 9, 201 to December 31, 2011 to KRW 118,720,961 from January 1, 201 to December 31, 2011 to KRW 38,585,500,000,000 from the Plaintiff Union’s private deposit account, including the head of the Plaintiff Association’s private deposit account.

B. From June 19, 2012 to September 1, 2012, Defendant C, the president of the Plaintiff Union, was arbitrarily consumed KRW 48,221,830 of the Plaintiff Union’s funds from June 19, 2012.

C. The Defendants conspired, despite that Defendant C was not in the position of the acting director for the president of the partnership in 2011, Defendant C paid 36 million won to Defendant C for the remuneration of the acting director for the president of the partnership in 2011. From January 13, 2012 to June 19, 2012, Defendant C spent 28,688,340 won for the partnership funds without accounting settlement, and used 27,50 million won for the partnership funds as personal litigation expenses of Defendant B, thereby unfairly using 92,18,340 won.

The Defendants were liable to compensate the Plaintiff Union for damages as stated in the purport of the claim, since they committed such tort.

2. Determination as to the legitimacy of the instant lawsuit, however, the Plaintiff Union is a housing reconstruction improvement project association with the authorization of establishment for reconstruction purposes, and there is no dispute between the parties concerned as to the fact that the Defendants are the members of the Plaintiff Union. According to the Plaintiff Union’s articles of association No. 11(3) of the Plaintiff Union’s association, the Plaintiff Union is liable for damages and civil and criminal liability according to the resolution of the general meeting in cases where the Plaintiff Union suffered enormous damages to the association due to intentional or gross negligence, nonperformance of duties

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