beta
(영문) 서울남부지방법원 2013.10.18 2011가합15682

손해배상(기) 등

Text

1. Defendant E’s KRW 32,268,100 for the Plaintiff and KRW 5% per annum from November 12, 2008 to March 14, 2013.

Reasons

1. Basic facts

A. The Plaintiff (former Social Welfare Foundation G) is a social welfare foundation, and Defendant B, as the former director of the Plaintiff, took overall charge of the Plaintiff’s duties as the representative of the Plaintiff from October 21, 2007 to January 31, 2008. The remaining Defendants were those who were appointed as the director or auditor of the Plaintiff, or who served as the president of the sanatorium under the Plaintiff’s control, and Defendant C was the H medical care center, Defendant D was the head of the I Medical Care Center, Defendant D was the head of the J Medical Care Center, Defendant E was the head of the J Medical Care Center, and Defendant F was the head of K.

The period in which the Defendants served as a director or auditor shall be as specified in the following table:

The directors of October 21, 2004 from October 15, 2001 to October 15, 2004 (standing at the time of October 15, 2001) are directors of October 21, 2004 to October 21, 2006, directors (representatives) from October 21, 2007 to January 31, 2008 from May 9, 200 to February 29, 2008, directors D on December 12, 200 to February 12, 2008 (standing at the time of December 12, 200) from October 21, 200 to December 31, 208 to the president of April 28, 201 to June 20, 208 (representatives).

B. The Defendants conspired and embezzled the Plaintiff’s property and thereby, the remaining Defendants except Defendant F were convicted of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by Seoul Southern District Court 2008Kahap92 on May 22, 2008.

The Defendants (excluding Defendant F) appealed against the above judgment, but the Seoul High Court ruled 2008No1436 Decided August 20, 2008 recognized all the above Defendants’ criminal facts, and dismissed Defendant C, D’s appeal, and partially mitigated Defendant B and E’s punishment.

Since then, the above judgment becomes final and conclusive as the dismissal of the appeal by Defendant E and as the second appeal by the remaining Defendants. Here, among the defendants' criminal facts recognized, the plaintiff's act as the victim is as follows.

1. Defendant B, C, and D conspired, from April 6, 2001 to August 21, 2007, 495,300, out of the subsidies of the National Treasury for share expenses items.