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(영문) 대구지방법원서부지원 2020.09.03 2019가합53697
기타(금전)
Text

The defendant shall pay to the plaintiff 650,000,000 won with 12% per annum from December 25, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an agricultural partnership established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Business Entities (hereinafter “Agricultural and Fisheries Business Entities Act”). The Defendant is the Plaintiff’s auditor, and C is the Plaintiff’s director.

B. C, in collusion with Plaintiff’s representative director D on December 21, 2018, embezzled KRW 1,325,627,331 in total from April 8, 2009 to January 21, 2014, as criminal facts, such as the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) that embezzled the Plaintiff’s own money, and was convicted on July 11, 2019 by the court (Seoul District Court Seo-gu District Court Branch Decision 2018Da269, 2018Gohap274 (combined)), and the above judgment became final and conclusive on July 19, 2019.

(hereinafter referred to as “related criminal case”). (c)

During the period from January 14, 2019 to May 8, 2019, C transferred the Plaintiff’s personal account of the Defendant’s auditor to KRW 650,000,000,000 to the Plaintiff’s personal account.

Article 39 (Functions of Board of Directors) The Board of Directors shall adopt resolutions with the concurrence of the majority of the directors enrolled in the following matters:

1. Call-up of the general meeting and agenda items to be referred thereto;

2. Matters concerning the basic policy for operating business affairs;

3. Matters concerning the acquisition or disposal of fixed assets; and

4. Resolution on matters delegated by the general meeting; and

5. Other matters necessary for the operation of the partnership corporation. Article 42 (Liabilities of Officers)

B. The plaintiff officers shall be solely or jointly liable for damages inflicted upon the plaintiff or any other person by negligence, intention or gross negligence while performing their duties.

(a) through (c);

The exercise of the right to indemnity under paragraph (1) shall be made by the representative director, by the auditor for the representative director and the director, and by the representative for all the officers who have obtained the consent of at least one-third of the union members.

Article 49 (Matters to be Resolved by General Meeting)

1. Amendment of the articles of association;

2. Establishment of regulations;

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