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(영문) 서울고등법원 2015.04.02 2014나14094

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. Defendant F established the I University on February 28, 1991 (hereinafter “I”) and the J University on March 4, 2005 (hereinafter “JJ”). Defendant G was the first president from around 2006 to Defendant G, and Defendant H was working as the JJ president from around 2005, and Plaintiff A was working as the first professor from March 1, 1993 to the JJ representative from March 1, 2006, Plaintiff B worked as Plaintiff B from March 1, 1994 to the JJ representative, Plaintiff C was the professor from March 1, 2007 to the JJ representative, Plaintiff D was the professor from March 1, 2005 to the JJ professor from March 1, 207, Plaintiff D from March 1, 2005 to the 3rd professor from March 1, 201 to the 3rd professor from March 1, 2005 to the JJ from March 19, 207.

Since the establishment of KK on June 20, 197, Defendant F established 7 school juristic persons and established 8 private schools under its jurisdiction, including I and I and others. In general, even if there is no position in each school juristic person or its affiliated school, Defendant F, who is placed in the position of director or president of each school juristic person or president of each school, was practically operating it by exercising absolute influence on each private school including I and J.

B. Defendant F, under the name of professor, was given a loan to the Korea Teachers Pension Foundation for the stabilization of livelihood from the Korea Teachers Pension, and was given a loan to Defendant G and H in the name of professor, and instructed Defendant G and H to pay the loan to him.

C. Defendant G and H demanded Plaintiff A, Defendant G, and Defendant G to Plaintiff B and E, and Defendant H to obtain a loan in the name of the Plaintiffs by delivering the above instructions to Plaintiff D, and Defendant F. D.

Accordingly, the plaintiffs were to receive a loan from the Korea Teachers Pension Corporation under the direction of the defendant's side, and the plaintiff A obtained a loan of KRW 30,000,000 on June 11, 2007 to the defendant G's account on the same day, and the plaintiff B obtained a loan of KRW 37,000,000 on October 17, 2006 to the defendant G account on the same day.