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(영문) 대구지방법원 2015.10.16 2015가단106995

손해배상(기)

Text

1. The Defendants jointly do so to the Plaintiffs 1 through 36, 39, and 42 listed in the Plaintiffs’ list, each of whom was KRW 1,50,000, and the separate sheet.

Reasons

1. Basic facts

A. Defendant School Foundation A (hereinafter “Defendant Corporation”) establishes and operates E University located in Daegu Northern-gu D (hereinafter “E”) and Defendant B is a founder of Defendant Corporation and a director of Defendant Corporation and a director of Defendant Corporation and a vice-president, and Defendant C is the vice-president of Defendant B as the vice-president.

B. In order to concentrately foster competitive universities, the Ministry of Education and Human Resources Development shall select universities belonging to the sub-groups as loans-restricted universities and insolvent universities by calculating the order based on objective university disclosure indices such as the recruitment rate of students in the fixed number of students, employment rate, scholarship payment rate, etc., and implement projects to strengthen educational capacity to support various kinds of subsidies. However, in order for insolvent universities to prevent the joint signature of national subsidies and damage caused thereby, the universities belonging to the sub-groups as loans-restricted universities and insolvent universities have been selected as financial sanctions, etc.

C. At around 209, E was one of the 22 poor private schools nationwide based on the evaluation conducted based on the educational indexes such as the student recruitment rate, the enrollment dependence rate, and the recruitment rate of new students as part of the management restructuring policy for the entire higher education institutions of the Ministry of Education (former Ministry of Education). From September 28, 2009 to September 30, 2009, E was designated as a university in need of management improvement through the inspection conducted by the Ministry of Education, Science and Technology from September 28, 2009 to the 30th of the same month, and was subject to the management improvement undertaking and performance undertaking, such as the contribution of the founder to KRW 3 billion in the year 201, KRW 1 billion in the year 201, KRW 1 billion in the management consulting conducted by the Korea Foundation for the Promotion of Private School, KRW 3 billion in the year 2012, and KRW 500 million in the year 4 years.

However, Exa has failed to comply with the performance guarantee of additional contributions.