2011 Gohap 46888 Compensation, etc.

Korea

1. Incorporated Foundation A;

2. B

August 16, 2011

August 30, 2011

1. The Defendants shall pay to each of the Plaintiff the amount of KRW 395,985,100 and the amount of KRW 20% per annum from June 2, 2011 to Defendant Incorporated Foundation; and Defendant B shall pay the amount of money calculated from June 24, 2011 to the day of full payment.

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

The following facts do not conflict between the Plaintiff and the Defendant Incorporated Foundation A (hereinafter referred to as the “Defendant Incorporated Foundation”), and the Plaintiff and the Defendant Incorporated Foundation may be acknowledged in full view of the overall purport of the pleadings.

A. Under the Workers’ Vocational Skills Development Act (hereinafter “Vocational Development Act”), the Plaintiff entered into an entrustment agreement with the Defendant Foundation on the education and training center support project (hereinafter “instant agreement”). The Defendant Foundation was established on March 27, 2006 for the purpose of improving the system for the development of the electronic medical industry, promoting research and development, etc., and was an incorporated foundation that provides government subsidies for certain projects every year from the Ministry of Employment and Labor under the Plaintiff’s control, and Defendant B was working as the president of the Defendant Foundation until December 13, 2010. (b) The Plaintiff deposited KRW 22, Article 24 of the Vocational Industry Development Act, Article 11 of the Guidelines for Operation of Industry-Academic Cooperation (No. 599 of the Ministry of Labor), and deposited KRW 300,60,000,000 in the name of the Defendant Foundation’s new bank account number and KRW 40,600,000,000,000 in the name of the Defendant Foundation.

D. On February 23, 2011, the Plaintiff terminated the instant agreement on the grounds that the Defendant Foundation was unable to normally perform the instant agreement due to Defendant B’s embezzlement.

2. Claims for return of unjust gains and the occurrence and scope of claims for damages;

In light of the above facts, the plaintiff legally terminated the agreement of this case against the defendant foundation. As such, the defendant foundation has the right to claim return of the remaining 395,985,100 won of government subsidy 60,000,000 won, excluding the amount that the plaintiff was designated as expenses for normally executed the business prior to the occurrence of embezzlement. As to the defendant Eul, it is impossible to implement the agreement of this case by embezzlement of the government subsidy 463,400,000 won without permission, thereby causing damages equivalent to the above 395,985,100 won to the plaintiff. Thus, the plaintiff has the right to claim compensation for unjust enrichment or damages, and the defendant foundation has the duty to pay the plaintiff the above amount with 395,985,100 won as compensation for losses, and the defendant foundation is obligated to pay 20% from June 2, 2011 to the next day of the record that it is a copy of the complaint of this case.

3. Conclusion

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

The realization of the judge's judgment

Judges Kim In-bok

Judges Park Jeong-young