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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and the appeal shall be 1.
Reasons
1. Basic facts
A. The plaintiff is a housing reconstruction improvement project association established pursuant to the Urban and Residential Environment Rearrangement Act in order to implement a housing reconstruction project on the ground outside C and seven parcels of Changwon-si, and the defendant is the head of the plaintiff's association.
B. On June 11, 2017, the Plaintiff: (a) held an ordinary general meeting of a cooperative and resolved on a case of approval of the budget for operating expenses in 2017, which includes the payment of KRW 300,000 to directors other than the general directors and the administrative directors, due to the details of job allowances among the non-items of business; and (b) paid KRW 30,000 per month to the directors
(c)
D on August 13, 2016, the Plaintiff was appointed as a director, and on January 2, 2017, the Plaintiff submitted to the Plaintiff a resignation letter stating that “the Plaintiff shall resign from the position of director as of January 1, 2017.”
(d)
D Around August 11, 2017, around August 201, 2017, the Plaintiff prepared a written confirmation of non-receiving and delegation of duties with the purport that “Around April 25, 2017, the Plaintiff resigned from the position of the Plaintiff as of April 25, 2017 due to personal circumstances, and delegated the Defendant with the payment of expenses for the duties not received until the date of resignation from the position of the director.”
E. The Defendant received and used the aggregate of KRW 1,150,000 from January 201 to April 25, 2017, which was paid to D.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 10, 12, 15, 16 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 5, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) The Defendant, even after D’s resignation of the Plaintiff’s director, deposited the Plaintiff’s work performance expenses in cash, and used KRW 1,150,000 received from D to use the said money for the purpose necessary for the partnership’s work performance, instead of using it for the partnership’s work.
This act is done with the care of a good manager as the president of the association.