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(영문) 전주지방법원군산지원 2015.10.29 2014가합1449
손해배상 등
Text

1. The claims against the Defendants are dismissed.

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

Reasons

1. Facts of recognition;

A. At the time of the Defendants, Defendant B was the president of the Plaintiff’s partnership, Defendant C’s former secretary, and Defendant D’s representative director of the joint business entity of the NAFC (hereinafter “the joint business entity of the NAF”).

In the settlement of accounts in 2010, the Plaintiff conspired to pay dividends to the members of the Plaintiff by lowering the cost of rice in a manner that does not reflect the additional payment of rice purchased by the assistance corporation in the accounting.

Defendant D prepared the materials on the settlement of accounts that did not reflect KRW 449,59,375, which was the additional payments for rice purchased on November 2010, and submitted them to the Plaintiff, so that the Plaintiff’s net income for 2010 was prepared as if the Plaintiff’s net income for 360,889,000 won occurred. On February 25, 2011, the Defendants continued to have obtained approval of the said false settlement of accounts from the Plaintiff’s ordinary general meeting of shareholders to April 12, 201, and had the Plaintiff pay KRW 190,000,000 as dividends to its members.

B. Around November 3, 2009, Defendant B used 2,000,000 won of Plaintiff’s public funds as travel expenses for overseas training. Around January 11, 2010 and around February 26, 2010, Defendant B embezzled KRW 8,068,00 in total with the corporate card in the name of the Plaintiff from December 8, 2008 to December 26, 2009, including paying KRW 3,068,000,00 in oil with the corporate card in the name of the Plaintiff.

C. The Defendants paid the sum of KRW 30,000,000 (Defendants each 10,000,000) out of the damages suffered by the Plaintiff due to the above window dressing accounting.

[Reasons for Recognition] Nos. 3, 4, and 2

2. The Defendants conspired to determine the cause of the claim and approved a false statement of accounts that does not reflect the cost of rice purchased by the assistance official corporation, and caused the Plaintiff to pay KRW 190,00,000 to its members as dividends. Defendant B embezzled Plaintiff’s money amounting to KRW 8,068,00,000, and the Defendants are due to the above window dressing accounting.

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