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Reasons
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(영문) 대전지방법원 논산지원 2018.04.05 2017가단21933
손해배상(기)
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1. The Defendant shall pay to the Plaintiff KRW 83,964,896 and the interest rate of KRW 15% per annum from September 9, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a religious organization consisting of around 1949, and C represents the Plaintiff as the second principal from around 1965 to the date.

On the other hand, D (hereinafter “instant Incorporated Foundation”) was established on September 21, 2015 for the purpose of supporting the Plaintiff’s religious education and social education. At the time of its establishment, C was registered as a director with the power of representation of the said Incorporated Foundation, but the registration of resignation of C on October 27, 2015 was completed as well as the registration of the appointment of directors of Defendant E, F, G, H, and I on October 27, 2015, and the provision on restricting the power of representation was also registered to the effect that there was no power of representation other than F.

B. On October 23, 2015, the Defendant deposited KRW 98,40,00 from the JJ account under the name of C (Account Number K; hereinafter “First Account”), KRW 100,324 on May 2, 2016, deposited KRW 50 million into the Plaintiff’s account. ② On February 2, 2016, the JJ account under the name of C (Account Number L; hereinafter “Second Account”) transferred KRW 2,805,72 from the Defendant’s account to the Defendant’s account, KRW 305,72 on February 11, 2016, deposited KRW 30,300 from the account under the name of F (Account Number K; hereinafter “CF account”) to the Defendant’s account under the name of 30,305,316,416,37,47,416, and 25,306,36,47,415, etc. of the instant account.

C. The Defendant, along with E, F, G, and H, holds an ad hoc director meeting by excluding C, the chief director of the incorporated foundation of this case, and prepares the minutes of an ad hoc director meeting with qualification as the chief director of the incorporated foundation, and the Plaintiff and the mortgagee on the real estate owned by the Plaintiff.

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