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(영문) 광주지방법원목포지원 2019.06.12 2018가단55860
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From February 26, 2002, Defendant B served as a member of the Plaintiff church, and Defendant C is the wife of Defendant B.

B. The Plaintiff church leased 2 Dongs, etc., from March 201 to March 2021, 2021, to Defendant C operated the E-regional child center in the above building.

C. On February 17, 2016, at the above regional child centers, a fire (hereinafter “instant fire”) occurred, and the current status of property damage or buildings stipulated in the instant fire site investigation report are as follows.

Defendant C, among the above buildings, was used by the regional children’s centers (local children’s center offices) and the prefabricated-type buildings (regional children’s centers), facilities, and house fixtures, subscribed to FF mutual aid. On April 29, 2016, Defendant C received KRW 110,513,605 due to the instant fire.

E. Defendant C donated KRW 60 million to the Plaintiff church for the restoration of damage caused by the instant fire, and Defendant C subsequently transferred the amount of KRW 38,330,000 out of that amount to Defendant C’s account.

F. As to the instant fire, the conflict between the members of the Plaintiff church and the Defendants occurred, 30 members of the Plaintiff church filed an application with this court for convening an office-general meeting with the aim of dismissing the Plaintiff church (Seoul District Court Branch Decision 2017 non-hap1000), and received a decision to permit convening an office-general meeting on June 12, 2017.

G. On July 9, 2017, the members of the Plaintiff church held a general meeting of office in accordance with the decision to permit the convening of the above court, and subsequently appointed G as the chairperson, and subsequently, the Plaintiff church held a meeting. In the agreement of 35 members among 48 members present, Defendant B passed a resolution to dismiss Defendant B from the list of the members of the instant church.

H. On October 25, 2017, this Court appointed a pastor as the temporary representative of the Plaintiff church in the temporary directors case No. 2017 non-conforming 1003 on October 25, 2017.

I. Meanwhile, G filed a complaint against Defendant B on charges of occupational breach of trust, fraud, embezzlement, etc., and related thereto.

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