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(영문) 창원지방법원 진주지원 2017.01.13 2016가단35006

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of conducting higher education necessary for national and social development (a change from school juristic person C to school juristic person A). The Defendant was a person who retired from office as the Plaintiff’s president from February 22, 2008.

(b) A school foundation shall provide the facilities and equipment necessary for the private school established and operated by it and the property necessary for the management of the school concerned (see Article 5 of the Private School Act), and a school foundation may conduct business for profit to appropriate the profits to the private school (hereinafter referred to as "profit-making business") to the extent that it does not interfere with the education of the private school established by it

(see Article 6 of the Private School Act).

The guidelines of the Ministry of Education, Science and Technology on May 2008 (the guidance on the property management of school juristic persons) stipulate that “The rental deposit must be fully appropriated for the repayment of the rental deposit to the relevant lessee after deposit with the financial institution.”

The plaintiff was leasing a large number of buildings, such as D and E buildings, for the purpose of profit-making business, but did not deposit part of the lease deposit with the financial institution.

E. During the audit of the Plaintiff on July 201, the Board of Audit and Inspection found that KRW 2,713,69,790 (hereinafter “instant lease deposit”) out of the deposit for the lease of the Plaintiff’s building was not deposited in a financial institution, and urged the Plaintiff to take a measure of strict caution and to deposit the instant lease deposit in a financial institution as soon as possible on January 20, 2012.

F. The Defendant, who was the Plaintiff’s chief director, was an auditor on July 15, 201, and around July 15, 201, the reason why the instant lease deposit was not deposited in a financial institution with respect to the above cadastral matters, and the Plaintiff’s repayment of the lease deposit worth KRW 2.7 billion each year for the next ten years.