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(영문) 춘천지방법원 2014.02.18 2013가단1764
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 August 2006, Defendant B left the office of president of the Plaintiff Foundation, and resigned on February 29, 2012. Defendant C was in charge of the office of managing director of the Plaintiff Foundation; Defendant C was in charge of the office of managing director of the Plaintiff Foundation; and Defendant D was in charge of the office of managing director of the Plaintiff Foundation; and Defendant D retired on August 2012.

B. 1) Nonparty E filed an application with the Plaintiff Foundation and Defendant B for a suspension of performance of duties and a provisional disposition of appointment of an agent against the Plaintiff Foundation and the Defendant B. On January 29, 2010, the above court dismissed the Plaintiff Foundation and the Defendant B. The appeal and reappealed by the Plaintiff, but the appeal was dismissed by the Seoul High Court Decision 2010Ra3 and the Supreme Court Decision 2010Ma1436, respectively. 2) E filed a lawsuit seeking confirmation of invalidity of the resolution of board of directors, etc. against the Plaintiff Foundation and Defendant B by the Chuncheon District Court 2009Gahap5278, and the above court dismissed the appeal on October 13, 2010, and the conciliation was established in the Seoul High Court Chuncheon District Court 2010Na1970, which was pending after appeal by E.

3) Although the Chuncheon Confucian School Foundation filed a lawsuit against the Plaintiff Foundation for return of the proceeds from the sale of land as the Chuncheon District Court 2010Kadan999, the said court rendered a decision of dismissal on October 7, 2010. (c) On April 22, 2008, F, etc., which is the representative of the Plaintiff Foundation, conspired with the Defendants to embezzled KRW 10 million out of the term deposit, which is the fundamental property of the Plaintiff Foundation, and filed a criminal complaint against the Defendants on charges of occupational embezzlement, etc., by asserting that the Defendants embezzled KRW 26,40,00 in the name of Defendant B’s personal attorney fee, around November 2009, 26, and filed a criminal complaint against the Defendants on charges of occupational embezzlement, etc. The Prosecutor of the Chuncheon District Prosecutor’s Office rendered a disposition without suspicion on the grounds of lack of evidence (Article 2013No. 3266, Jun. 17, 2013).

2. Determination as to the cause of claim

A. The Plaintiff’s regular deposit, which is an endowment of the Plaintiff’s foundation, shall be paid in accordance with the statutes and the articles of incorporation.

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