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(영문) 제주지방법원 2014.06.26 2013가합627
손해배상(기)
Text

1. The Plaintiff, Defendant B, within the scope of the property inherited from the network G, KRW 271,944,00, and Defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate body comprised of residents residing A in Jeju, and its enforcement body has a vice president and a resident general meeting as a deliberative body.

B. The deceased G (the deceased on January 2, 2013, hereinafter “the deceased”) was appointed and served as the chairperson and the vice-chairperson of the Plaintiff Village Countermeasures Committee around September 2009. On April 2, 2010, he/she was appointed as the head of the Plaintiff Village Association and performed his/her duties as the head of the Plaintiff Village Association until January 2, 2013.

C. A person who entered into a contract for fidelity guarantee (from April 2010 to April 19, 2013) with the Plaintiff’s Village Association that the deceased will be jointly liable for a civil or criminal liability arising from a tort in the course of performing his/her duties in this Chapter at the time when the Plaintiff’s Village Association was entrusted with the Plaintiff’s Village Association, and Defendant C and D are children of the deceased.

Defendant B was the deceased’s wife on April 2, 2013, and filed a report on the inheritance limited recognition as the deceased on May 22, 2013, and the said judgment became final and conclusive on May 22, 2013 upon receipt of the said report on May 22, 2013. I, J, and K were the deceased’s children, and filed a report on the renunciation of inheritance on April 2, 2013, and the said judgment was final and conclusive on May 22, 2013 upon receipt of the said report.

E. On August 27, 2012, the deceased, at issue in the instant case, received one copy of the check of KRW 50 million per face value (N) from the Ma and M at Jeju, with the land usage fee for L and M on August 27, 2012. The deceased around that time exchanged the check of KRW 10 million with five copies of the check of KRW 10 million, and the last holder of the check and the payment proposal amount are as follows.

On June 13, 2012, the Deceased’s KRW 10 million P business operator KRW 30 million and KRW 10 million, the Deceased’s account in the name of the Plaintiff Village Association (a KRW 250 million from Q to KRW 50 million) was withdrawn in four copies of the KRW 50 million check, and five copies of the KRW 10 million check.

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