손해배상(기)
1. Of the judgment of the first instance, the part against the Defendants in Plaintiff B is modified as follows. A.
Plaintiff
B. The defendant.
1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. Defendant C, as the president of the Plaintiff Foundation, has overall control over all the affairs of the Plaintiff Foundation pursuant to Article 16(2) of the Articles of Incorporation, and Defendant D, as the head of the management planning headquarters of the Plaintiff Foundation, compiled the budget and finally executed the budget.
The Defendants, as a final person in charge of determining and executing the disbursement of subsidies, have a duty to legally enforce subsidies in accordance with relevant Acts and various operating guidelines, but failed to obtain prior approval from the Administrator of the Small and Medium Business Administration in relation to budget modifications, or committed unlawful acts of granting subsidies in violation of relevant Acts and various operating guidelines, etc. Accordingly, the Defendants were liable to jointly compensate the Plaintiff Foundation for damages incurred in return of KRW 402,640,327 in accordance with the order to return subsidies in the first, second, and second cases.
On the other hand, in the instant lawsuit, Plaintiff B, the representative of the Plaintiff Foundation, suffered damages from the Plaintiff Foundation to return subsidies of KRW 402,640,327 in accordance with the order to return subsidies in accordance with Article 1, 2 of the instant lawsuit. As such, it was recognized that Plaintiff B was obligated to compensate for such damages pursuant to Article 65 of the Civil Act or Article 750 of the Civil Act. On December 30, 2015, Plaintiff B deposited the instant lawsuit with the Republic of Korea as the principal and interest of the instant lawsuit by designating the creditor who filed the instant lawsuit on behalf of the Plaintiff Foundation as the principal and interest of the principal and interest of the instant lawsuit (the principal and interest of which are KRW 201,320,163) as the principal and interest of the instant lawsuit.
However, in relation to the order of return Nos. 1 and 2 of this case, Plaintiff B and the Defendants are liable to compensate the Plaintiff’s foundation for the joint and several liability, and Plaintiff B, one of the joint and several liability joint and several liability.