1. The defendant shall pay 43,500,000 won to the plaintiff and 20% per annum from December 25, 2014 to the day of complete payment.

Basic Facts

The plaintiff is a foundation that operates the "D Hospital" in Sejong City (hereinafter referred to as the "Plaintiff Foundation").

From July 17, 2009 to May 16, 2013, the Defendant was a director with the Plaintiff’s power of representation. Five directors of the Plaintiff Foundation, including the Defendant, held a board of directors on May 16, 2013 and resolved to change the representative director of the Plaintiff Foundation from the Defendant to E.

Accordingly, the registration of the corporation was completed on May 23, 2013 by a director with the power of representation of E.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 and 10, and the purport of the entire argument as to the plaintiff's assertion of the purport of the whole argument, the plaintiff's foundation asserts that the defendant's embezzlement of public funds by the plaintiff's foundation is liable to compensate 8,415,000 won, which is damages incurred by the plaintiff's foundation, and damages for delay, as shown in the separate sheet, through the employee F in charge of accounting for the period from October 23, 2012 to April 30, 2014, which was after his/her retirement from October 23, 2012.

It is insufficient to recognize that the Defendant used KRW 8,415,00 from the public funds of the Plaintiff Foundation for personal purposes as shown in the separate sheet only with the testimony of No. 2, A, witness G, and H, and there is no other evidence to acknowledge otherwise.

Therefore, this part of the plaintiff foundation's assertion is without merit.

The Plaintiff Foundation asserts that it is liable for damages equivalent to the price of the said car that the Plaintiff Foundation suffered as a result of the occupational breach of trust, as it is an act of occupational breach of trust, that the Defendant purchased at a higher level of 62.5 million won (I) in the name of the Plaintiff Foundation without the resolution of the board of directors on May 10, 2013, which is the date immediately preceding the expiration of the term of office of the director (e.g., May 16, 2013).

According to the statement in Gap evidence Nos. 3-1 and 2, the defendant purchased the above car in the name of the plaintiff foundation on May 10, 2013.