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(영문) 대전지방법원 2017.08.30 2015가단219068

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Defendant A is a person who has overall control over C’s affairs while working as the director of C(hereinafter referred to as “C”), a research center under the Plaintiff’s control, and Defendant B is a person who has overall control over C’s educational planning and practical operation while working as the director of C’s headquarters.

On June 4, 2015, in the case of occupational embezzlement, etc. by Suwon District Court 2015Kadan1008, the Defendants were sentenced to the following embezzlement, etc.: (a) the Defendant A was sentenced to the suspended sentence of six months; and (b) the Defendant B was sentenced to the suspended sentence of one year of imprisonment; and (c) the said judgment became final and conclusive around that time.

[Embezzlements for the Defendant’s occupational training consortium business for small and medium enterprises: (a) around September 25, 2005, the Plaintiff entered into an agreement with the Daejeon Regional Labor Office on the support of the vocational training consortium business; and (b) around December 30, 2005, in order to use the lease deposit amount for the above business training facilities, the Plaintiff was supported by the Daejeon Regional Labor Office in accordance with the above support agreement.

The above lease deposit account is set up and managed in accordance with the corporate accounting standards, and if the business is discontinued, the purpose of the fund was strictly limited, such as the agreement to return the full amount of the subsidy to the Daejeon Regional Labor Office.

The Defendants conspired to use the lease deposit, which was subsidized by the Daejeon Regional Labor Office for the vocational training consortium project of small and medium enterprises, for the operation cost of C in the course of operation.

Accordingly, the Defendants embezzled KRW 97,142,723, as operating expenses, while the Defendants received and kept KRW 176,50,266 around June 2, 2008, and KRW 20,642,457 in the Plaintiff’s bank account (F) around June 11, 2008 at the office located in Guro-gu Seoul Metropolitan Government, as the termination of the above lease agreement, as well as KRW 97,142,723 from the Plaintiff’s bank account in the name of the Plaintiff.

hereinafter referred to as "the case."