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(영문) 광주지방법원 2014.12.12 2012가합3083

신원보증금

Text

1. Defendant H: (a) KRW 14,545,454, and KRW 18,181,818 for each of the 14,545,454, Plaintiff D, E, and F; and (b) for each of them.

Reasons

1. Basic facts

A. 1) G (Death on June 9, 2013) G is the Party’s position 1) K K University located in the J of Mapo-si and school juristic person N (hereinafter “N”) operating M high schools in Mapo-si L (hereinafter “N”).

As the founder of the K University, he was in office as the first president of the K University until February 5, 2010. Defendant I was in office as the senior minister of the K University, and Defendant H succeeded to 2/11 of the net G’s property from March 1, 2001, Plaintiff B from September 1, 2001, Plaintiff C from March 1, 2003, Plaintiff C from March 1, 2004, Plaintiff C from September 1, 2004, and Plaintiff F was in office as staff of the K University from November 1, 2005 to December 29, 201, and Defendant H was in office as the above school closure order was closed at the K University from the K University. < Amended by Act No. 11382, Sep. 29, 2012>

B. G, which had the president of K University, had caused financial difficulties, ordered Defendant I et al. to receive money in the name of a guarantee fund or a school development fund under the condition that principal should be returned at the time of retirement from the prospective employees of K University (as indicated below, G, I, andO received money from the Plaintiffs as the school development fund and a guarantee fund (hereinafter “instant loan”).

(2) On January 29, 2001, G agreed to receive KRW 80,000,000 from Plaintiff A as the school development fund, and to return it at the time of Plaintiff A’s retirement.

3) On August 29, 2001, G received KRW 80,000,00 from Plaintiff B as a guarantee fund and agreed to return it at the time of Plaintiff B’s retirement. After stating “the chief director of the school juristic person N and the president of the K University”, G prepared and executed a receipt of guarantee money (Evidence A 2-1) with the official seal of the president of the K University. 4) On January 5, 2003, the chief director of the K University’s affiliated office received KRW 80,00,000 from Plaintiff C as the name of the school development fund, and received KRW 80,000 from the Plaintiff as the name of the school development fund.