채무부존재확인
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
A. The defendant is a school juristic person established and operated for the purpose of providing education on the basis of the basic ideology of readers and Korean education, which is established and operated by C, etc.
B. On December 5, 2018, the Minister of Education notified the Defendant of the matters pointed out and disposition of the audit results, including the same details as the attached list, after conducting an audit of the accounting portion for the Defendant and C Universities.
C. Accordingly, on June 2, 2020, the Defendant sent the two recommendations to request the Plaintiff to return the sum of KRW 57 million, including the president’s total sum of KRW 57 million and meeting expenses, paid to the Plaintiff as the title of “request for recovery of meeting expenses, etc. following the disposition of the audit by the educational department” (hereinafter “instant 1 business co-operation”), and the Plaintiff received them on June 3, 2020, respectively. < Amended by Presidential Decree No. 22514, Jun. 17, 2020>
[Ground of recognition] The Plaintiff’s claim for ex officio determination as to the legitimacy of the instant lawsuit as to Gap evidence 1-1, Gap evidence 2-2, Gap evidence 2-2-2, and Gap evidence 3-2-2, and the purport of the entire pleadings as to the legitimacy of the instant lawsuit 1) the Defendant’s claim for payment of KRW 57 million in the aggregate of the president’s fees that the Defendant requested to return to the Plaintiff via the First Business Cooperation Team was made pursuant to the annual salary contract concluded with the Plaintiff on December 28, 2014 by the Defendant’s president on December 28, 2014. According to Article 50 of the Defendant’s Articles of Incorporation (amended by Act No. 128, Dec. 8, 2017), whose remuneration was enforced at the time, the president’s remuneration is not a teacher’s remuneration, and thus, the above KRW 57 million was properly paid without a resolution of the board of directors. (2) The Defendant’s claim for payment was made by the Plaintiff and the Defendant’s president.
3. Therefore, the Plaintiff’s failure to cooperate with the Defendant in the First Business of this case is KRW 57 million and the instant case.