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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
The plaintiff school foundation A (hereinafter referred to as the "Plaintiff corporation") established for the purpose of providing secondary education and operated B/high schools, and C acquired the plaintiff corporation and served as the chief director on July 6, 2007, and D took overall charge of the affairs of the plaintiff corporation from March 11, 1996 to September 30, 2006.
Plaintiff
The transfer process D, in collusion with the executive officers, etc. of the Plaintiff corporation, was sentenced to punishment due to criminal acts such as embezzlement by taking advantage of the money of the Plaintiff corporation from 2003 by taking advantage of the operation of the Plaintiff corporation, the purchase of food materials, etc., and embezzlement by taking advantage of the money of the Plaintiff corporation or by taking advantage of the shop rental deposit, etc. (Seoul District Court 2007Dahap356), and criminal acts such as arbitrarily disposing of all kinds of fundamental property of the Plaintiff corporation for the purpose of using accumulated debts accumulated after taking over the Plaintiff corporation and school operating expenses (Seoul District Court 2007Mahap62), and C was notified from the Defendant.
Plaintiff
On May 23, 2007, C, the president of the Plaintiff Corporation, agreed with E, the current president, to transfer the right to operate the Plaintiff Corporation to KRW 4.55 billion (=the remainder of KRW 1.750 million paid at the Office of Education KRW 50 million). E, according to the agreement, on May 23, 2007, paid the down payment to C, KRW 50 million, and KRW 1.75 billion paid at the Office of Education to the Plaintiff Corporation on May 25, 2007, respectively.
The F, based on the F’s order of seizure and collection, lends 150 million won to D on April 6, 2004, and September 12, 2005, stating that “The Plaintiff has borrowed the above loan,” the F, under the name of the president of the Plaintiff corporation.”