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(영문) 수원지방법원 2020.07.16 2019가합21630
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff, a junior college, is the D University (hereinafter “D”).

(2) Defendant B served as D professor from March 1, 1994, and in particular, from January 19, 2012 to March 15, 2013, Defendant B was in charge of Daehan’s president.

Defendant C served in Daehan from March 1, 2011, and in particular, from May 1, 201 to March 31, 2013, Defendant C was responsible for performing the duties on behalf of the head of D general administrative office.

B. Defendant B’s embezzlement act (hereinafter “Embezzlement”) committed by the Defendants (hereinafter “instant embezzlement”) was assigned to Defendant B from around 1993 to January 17, 2012.

B) The head of the D-based Industry Cooperation Foundation E, upon receiving the government subsidy and continuing the project of the -academic cooperation foundation, discussed measures to raise the project funds of the -academic cooperation foundation with the employees of the -academic cooperation foundation and received participation fees, tuition fees, etc. from the participants in the educational program for profit-making business. E, F, etc., did not raise the funds raised by the --based funding foundation in the account book, and opened an account under the name of the group leader E in the name of the group leader, while opening an account in the name of the group leader in the account. These circumstances, from July 2005 to 2008, the amount of KRW 160 million was deposited in the above -- based on the former Industrial Education Promotion and Industry-Academic Cooperation Promotion Act, according to the Enforcement Decree of the same Act, all income and expenditure of the -academic cooperation foundation was prepared to include the financial statements in the account and undergo an audit at least once a year as determined by the head of the university.

However, E, etc. did not properly use the revenue from the account of the industry-academic cooperation foundation for its original purpose and did not keep it.

Because of these accounting problems, E, etc. contributes 50 million won to D school expenses accounts on February 6, 2007.

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