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(영문) 부산지방법원 2019.08.29 2018가단313571
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. The parties’ relevant Defendant Association B (hereinafter “Defendant Association”) is a nonprofit corporation that studies asbestos management plans, etc., and Defendant C was a current or former director of the Defendant Association from December 30, 2006 to March 20, 2010, and Defendant D was a current or former director of the Defendant Association from September 7, 2009 to December 27, 2017.

The plaintiff is the head of Busan, Ulsan, and Gyeongnam Local Headquarters of the defendant Association (hereinafter referred to as "the local headquarters of this case"), who operated the local headquarters of this case.

B. On October 25, 2007, the Plaintiff entered into an agreement with the Defendant Association on the establishment of the instant regional headquarters (hereinafter “instant agreement”) with the Defendant Association, and paid KRW 30,000,000 under the pretext of supporting funds to the Defendant Association around November 6, 2007.

The defendant association (hereinafter referred to as the "A") and the local headquarters (hereinafter referred to as the "B") shall enter into an agreement with respect to the formation of the local headquarters for the achievement of the purpose of the establishment of the defendant association and the smooth operation of the association, as follows:

Article 3 (Definition of Support Funds for Establishment of Local Headquarters) In order to achieve the purpose of Gap's business and to support smooth proper projects, Eul shall donate 3,000 won as support funds for the development of the association.

Article 4 (Agreements on Educational Projects of Local Headquarters) The local headquarters may conduct educational projects with designated educational institutions, human resources, facility standards, etc. in connection with educational projects of the local headquarters.

Provided, That in principle, profits after deducting various expenses shall be distributed to the Central Headquarters and 50/50 among the profits generated from educational projects in connection with the progress of educational projects.

Article 6 (Revocation of Approval of Local Headquarters) If the head of the local headquarters, who is the person in charge of operation of the local headquarters, shall thoroughly command and supervise the overall affairs of the local headquarters, and if he/she deems that serious surplus to the association headquarters is caused by corruption or social controversy of the staff of the local headquarters.

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