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(영문) 수원지방법원 2017.11.30 2016가단525905
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

From around 2006 to February 26, 2011, Defendant B was the president of the Plaintiff clan, and Defendant C was in office as the secretary of the Plaintiff clan and managed the passbook in the name of the Plaintiff clan.

Plaintiff

According to the articles of incorporation of the clan, the acquisition and disposition of the clan property shall be proposed with the consent of at least 2/3 of the registered directors and approved at the general meeting. The above Defendants, without following the above procedure, withdrawn money from the plaintiff clan passbook without permission and offered to the deceased F (the deceased on May 1, 2013, hereinafter "the deceased"), and then withdrawn KRW 1 billion from the plaintiff clan passbook on January 22, 2008 without permission, and delivered it to the deceased.

The Deceased, even though he was well aware that he did not go through a normal procedure as above, requested Defendant B and Defendant C to withdraw money from the Plaintiff’s clan passbook, and received and consumed money at his own discretion.

On the other hand, Defendant D and Defendant E are the inheritors of the deceased.

Therefore, Defendant B and Defendant C are jointly liable for damages arising from the aforementioned illegal acts by the Defendants, and Defendant D and Defendant E are jointly liable for the payment of KRW 100 million, which is part of the Plaintiff’s claim, and each of them shall be paid to the Plaintiff, in collaboration with the said Defendants, the amount of KRW 50 million, which falls under the inherited shares among the said amount.

Plaintiff

From around 2003, the clan deposited KRW 300 million in the name of G, which was the representative of the plaintiff clan, to the forestry cooperative at the time of permission. The maturity of the above deposit was April 9, 2008.

Although Defendant B should have deposited or re-deposited the Plaintiff’s clan by finding the said deposit upon the maturity of the deposit, it did not take such measures and received on April 10, 2008 the sum of the principal and interest of the said deposit KRW 346,911,139.

Therefore, Defendant B shall pay to the Plaintiff KRW 100 million and damages incurred therefrom, among the above embezzlement deposits.

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