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(영문) 대구지방법원 2020.10.22 2020가합201235

부당이득금

Text

The defendant shall pay 300,000,000 won to the plaintiff and 5% per annum from February 14, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is a school foundation that operates D University, etc., with a major in the S University’s development at C University, and has been employed as a professor at D University from 1983 to 2009.

B. 1) The President of D University E (hereinafter “President E”) under Defendant-affiliated Korea, including the conclusion of the instant agreement and the details of the payment of donations

(2) On January 15, 2019, the Plaintiff planned to establish an art gallery on the first floor of the D University business incubator. Around January 15, 2019, the Plaintiff proposed that the Plaintiff would establish a “F art gallery” on the Plaintiff’s name when the Plaintiff donated the Plaintiff’s work, and agreed to the donation of the work so that the “F art gallery” may become a Class 1 art gallery, and subsequently, donated KRW 300 million annually in KRW 100 million to the Plaintiff, thereby allowing the Plaintiff to award the Aart Prize. 2) On January 29, 2019, the D University held the “A Honorary Professors Foundation Development Fund and the Delivery Form of the Copy Works.” The Plaintiff signed an agreement to contribute KRW 300 million to the Defendant by participating in the event on the same day, and issued KRW 100 million to the president by cashier’s checks (hereinafter “instant letter of donation”).

3) On February 25, 2019, the president E of the D University and the Plaintiff entered into an agreement on the establishment of a “F art gallery” with the following terms and conditions (hereinafter “instant agreement”).

(1) The Plaintiff entered into a contract with the Defendant on the same day, and the Plaintiff transferred KRW 200 million to the Defendant (hereinafter the above KRW 100,000,000).

A. Honorary professors (Plaintiffs, hereinafter referred to as Plaintiff)

(1)In order to promote the cultural development and exchange of the principal and local communities, both and D Universities shall promote the donation of works of a collection and the establishment of art galleries in accordance with the following conditions. Article 1 (Conditions of Donation) (Conditions of Donation) The Plaintiff shall donate 100 points and above to D Universities free of charge.

3. For donated works, D Universities until December 31, 2019.