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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an incorporated association aimed at improving the quality of life for the disabled by promoting the improvement of social awareness for the disabled and the expansion of social participation of the disabled. Defendant A is the president of the Korea Disabled Persons Association E branch (hereinafter “E branch”) affiliated with the Plaintiff from around 1998 to October 25, 201, and was working as the head of the D branch association from February 2006 to November 201. Defendant B is a person who was employed as the head of the E branch office of the E branch association from around 1999 to around January 2007. Defendant C is a person who was employed as the head of the E branch office of the E branch from February 2007 to around March 25, 2011.
B. On September 27, 2012, the Defendants embezzled E branch funds at will by using them, and Defendant A acquired pecuniary benefits in violation of his/her occupational duties and inflicted damages equivalent to the same amount on E branch funds (hereinafter “instant embezzlement, etc.”), and on September 27, 2012, the Jung-gu District Court sentenced Defendant A to three years and six months of imprisonment, Defendant B, and Defendant C, and one year and four months of imprisonment (201Sang3667) (hereinafter “instant judgment”). The appellate court appealed against the Defendants on April 11, 2013, the appellate court sentenced Defendant A to two years and six months of imprisonment (2012No1958) and ten months of imprisonment (2012No1958) with respect to Defendant A and the final judgment became final and conclusive by dismissing it (2013Do4266) on June 27, 2013 (hereinafter “instant judgment”).
C. On October 22, 2013, the Association held a general meeting and a steering committee to decide not to hold a civil or criminal liability for the instant judgment against Defendant A (hereinafter “instant resolution”). Accordingly, F, at the time of the branch of the E branch, made an agreement with Defendant A’s representative G on October 28, 2013 (hereinafter “instant agreement”) with the following contents.
Notwithstanding the fact that Defendant A was punished in accordance with the instant judgment, he/she shall be former.