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(영문) 울산지방법원 2015.11.19 2015나21943

부당이득금 반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From February 1, 2008 to March 31, 201, the Plaintiff is a person who has worked as the head of an administrative office at C elementary school located in Ulsan Jung-gu, Ulsan-gu, and the Defendant is a supervisory authority having jurisdiction over the said school.

B. From April 6, 2010 to April 8, 2010, the Defendant conducted an audit on C elementary school: (a) acknowledged that C elementary school principal D and the Plaintiff jointly suffered 6,979,500 won in school finance for the following reasons; (b) ordered D and the Plaintiff to jointly pay 6,979,500 won in compensation.

- On December 1, 2009, the Gangwon-do Office of Education (name at that time: the Gangnam-do Office of Education) affiliated with Defendant (hereinafter “E”) ordered E Co., Ltd. (hereinafter “E”) to undertake the English experience construction in the English experience room at C Elementary School in the amount of KRW 1,694,00,000, and thereafter paid the price on January 12, 2010.

On December 1, 2009, the C Elementary School principal D diverted the other budget to make more larger scale of the English experience room and additionally awarded a direct contract to E by the Gangwon Northern District Office of Education (hereinafter “instant construction”) for the construction work equivalent to KRW 20 million (hereinafter “instant construction”) and paid the price on January 19, 2010.

- D, as above, did not prepare a contract while awarding an additional construction contract to E, and did not receive a written estimate, etc. including the details of the construction from E.

- The Plaintiff is a contracting officer or a school accounting officer assisting the principal in the execution of the school accounting, and the principal did not confirm whether the documents, such as the contract, were fully prepared in the process of awarding the additional construction as above, and did not properly confirm the completion of construction, while paying the construction cost of KRW 20 million, but did not confirm the completion of construction.

- On April 8, 2010, E’s employees and public officials in charge of audit and inspection of the Office of Education of the Republic of Korea came from the fact that the term “hallways wooding work” in relation to English experience room is less than 60m2 as a result of on-site inspections.