1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant is a business cooperative established on June 29, 2005 pursuant to the Small and Medium Enterprise Cooperatives Act, established on June 29, 2005, in order to promote D general industrial complex development projects that create a general industrial complex at C in Pakistan (hereinafter “instant project”). The Plaintiff, while holding office as the Defendant’s managing director from June 2005 to September 201, took overall charge of affairs, such as fund management, execution, etc.

Among the defendant's officers, the president, directors, and auditors were non-standing and only the executive director was full-time.

B. On January 11, 2007, the Defendant’s board of directors made payment of KRW 200 million in cash to the Plaintiff, and KRW 100 million was paid after the designation of an industrial complex. ② A resolution was made to pay “1,000 shares in land” after the completion of the project. The Defendant’s board of directors made a resolution to pay “1,00 shares in land.” On July 5, 2007, based on the Defendant’s board of directors’ resolution on January 11, 2007, the Defendant’s board of directors made a decision to pay to the Plaintiff 1,00 shares in land after the completion of the instant project (hereinafter “instant shares in land”).

C. Around September 2010, the Defendant dismissed the Plaintiff on the ground that he embezzled the amount of KRW 8.3 million for several years. On November 4, 2010, the Defendant decided to hold an extraordinary general meeting and file a complaint against the Plaintiff, and to revoke the previous resolution to pay the Plaintiff’s share in the instant land as piece rates with the Plaintiff.

The Plaintiff was indicted as a crime of embezzlement of KRW 8.3 million in total from April 7, 2008 to May 18, 2010, and was sentenced to three years of imprisonment in the first instance on June 29, 2012 (Seoul High Court 201No2200), and appealed against the first instance court (Seoul High Court 201No2200), but the appeal was dismissed at the appellate court on December 13, 2012 (Seoul High Court 201No2200), but the second appeal was dismissed on February 28, 2013.

(Supreme Court Decision 2012Do1608). E.

The defendant shall be from the Gyeonggi-do Governor on October 29, 2007.