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(영문) 서울중앙지방법원 2014.10.30 2013가합536194

손해배상 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Status 1) Plaintiff School Foundation B (hereinafter “Plaintiff Corporation”)

(2) From 2004 to 2011, the Defendant worked as the president of H childcare center established by the Plaintiff A in Gangnam-gu Seoul, Seoul, for the purpose of providing early childhood education and secondary education, and operated D kindergartens, E Middle Schools, and F High Schools under its jurisdiction. The Plaintiff A serves as the president of the Plaintiff’s legal entity.

Plaintiff

A corporation, around March 2012, intended to open a D kindergarten, and the defendant worked as the head of D kindergarten from around that time to June 28, 2013.

(b) The details indicated in the revenue ledger and expenditure ledger of H childcare centers submitted by the Defendant as the president of H childcare centers to the Seongbuk-gu Office from 2008 to 2011 are as follows (attached 1).

[Attachment 1] 326,463,363,583,059 342,870,472,712,587 2209 (from January 1, 2009 to December 31, 2009) 326,463,367,367,779,6463,7213,2010 (from January 1, 201 to December 31, 2010), 336,379,6347,67,367,779,6463,7213,2010 (from December 31, 2010 to December 31, 2010), 373,309,634,607,678,718,215,218,215,21638,215,2167

C. The details of the revenue and expenditure of the D kindergarten as stated in the accounting receipt and disbursement book of the D kindergarten from March 2012 to September 2013, submitted by the defendant to the Seongbuk-gu Seoul Metropolitan Government Office of Education as the president of the D kindergarten are as follows.

651,880,162 651,871,870,972 8,972 201 of 2013 (from March 1, 2013 to February 28, 2013), 1201 the difference in the revenue (cost) during the period of 74,15,053 561,840,309 182,314,74 [Attachment 2] / [based on recognition] / [Attachment 2] without any dispute, each entry in the evidence Nos. 2 and 5 (including additional numbers) in the year 2012, from March 1, 2012 to February 28, 2013), the result of the inquiry of the fact at the Sungbuk District Office of Education in Seoul Special Metropolitan City, the purport of the entire pleadings, the result of the inquiry of the fact at the Sungbuk District Office of Education in Seoul District.

2. The allegations and judgment of the parties

A. The plaintiffs' assertion 1) The defendant is the H Child Care Center as stated below.