압류금 환급
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s assertion B University president and D, E, F, and G embezzled school funds and disbursed the attorney’s fees. From April 201 to October 201, the Plaintiff, who was at the time as a professor of B University, seized KRW 17,649,180 in the name of the president of B University and used it for the return of the said embezzlement.
Therefore, the Defendant, the employer of the B University, is obligated to refund the Plaintiff’s wages of KRW 17,649,180, which are unfairly attached to the Plaintiff.
2. The Defendant asserts to the effect that the instant lawsuit, which was filed against a party or a non-party-qualified person, is unlawful.
However, the plaintiff filed the lawsuit of this case with the "Minister of Education," which is a mere administrative agency in charge of the state affairs, and the court corrected the defendant's indication to "Korea". The corrected defendant has the ability to be a party as the founder of the National University B University, and in the performance lawsuit, the plaintiff has the standing to be the defendant. Therefore, the defendant's defense is without merit.
3. The evidence alone presented by the Plaintiff on the merits is insufficient to acknowledge the facts alleged by the Plaintiff, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's above assertion is without merit.
4. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the court of first instance is unfair by rejecting the lawsuit of this case, but only the plaintiff appealed in this case, the court of first instance cannot revoke the judgment unfavorable to the plaintiff, who is the appellant, and dismiss the plaintiff's claim. Thus, only the plaintiff's appeal is dismissed.