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(영문) 인천지방법원 2016.08.25 2015가단206491
손해배상(기)
Text

1. Defendant B: (a) KRW 155,060,000 for the Plaintiff and 5% per annum from March 3, 2015 to August 25, 2016.

Reasons

1.The facts following the facts of recognition do not conflict between the parties or may be recognized by taking into account the overall purport of the pleadings in each entry in Gap evidence 1 to 3 (including the branch numbers if they have a serial number).

The plaintiff is a mutual aid association organized separately from the branch of D branch in order to assist the members of the D branch in their self-reliance, and Defendant B is the representative of D branch around July 1, 201, with 50 members of the Plaintiff and 50 members of the D branch, and Defendant C is the wife of Defendant B.

B. Defendant B’s occupational embezzlement and criminal punishment 1) held office as the representative of the D branch on August 19, 201, and separately organized the Plaintiff Mutual-Aid Association and managed the mutual aid fund for the purpose of supporting coming-of-age, marriage, funeral, funeral and ancestor worship, etc. of its members, and for the purpose of raising separate funds from the D branch, Defendant B embezzled the mutual aid fund withdrawal from the union members from the bank account in its own name (Account Number E,F, and G) on October 11, 201, after withdrawing KRW 10 million from the bank account (Account Number E, E,F, and G) on October 11, 201, Defendant B received the said KRW 360,000 from the time it was transferred to the Defendant C’s name, and then transferred the same amount for the purpose of living expenses, such as credit card price, etc., until June 11, 2013, Defendant B was sentenced to imprisonment with prison labor of 15,506,000 won, 214.

2. Determination on the defense prior to the merits

A. The defendant's assertion is not an organization established newly after the plaintiff's dissolution, but a legitimate form. H, I, and J.

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