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(영문) 서울중앙지방법원 2016.09.21 2015가합16878
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts are those who were appointed as the president of C University on August 23, 2005 and were dismissed from office on December 26, 2013, and the Defendant established D D (hereinafter “instant school juristic person”) to establish and operate C University, which is a lifelong educational establishment in the form of a cyber college under the Lifelong Education Act on October 30, 200, and were subject to the disposition of refusal of approval of taking office from the President of the Ministry of Education on January 9, 2014.

In the criminal cases of Seoul Western District Court 2012 Gohap409, the Plaintiff was convicted of the following facts charged and was detained by imprisonment with prison labor for three years on May 23, 2013.

- The Plaintiff concluded a sales contract with C University located in Mapo-gu Seoul Metropolitan Government on December 29, 2008, to purchase 2-5 floors from E in the actual condition of E (hereinafter “three-dimensional buildings”) in order to purchase 2-5 floors from school at a higher price than appropriate price, and without undergoing due process such as examining the suitability of training facilities and regular appraisal for market price verification, etc. on or after December 29, 2008, the Plaintiff purchased 4 billion won from E to 34-2-5 commercial buildings and housing site shares of 2.2 billion won in an adequate price, for the purpose of training facilities for students and teachers and staff members who were not required to be the head at that time, and then transferred 4 billion won in value to the above E bank account in the name of the above E, thereby incurring damage to the pertinent educational foundation as an adequate amount of KRW 4.2 billion in the sales price.

- From May to July 2010, the Plaintiff received US$30,000 (Korean US$ 33,255,000) from the president office of the pertinent university, along with an illegal solicitation to additionally purchase the first floor, etc. of the instant three buildings not required for the school from E.

The plaintiff on September 6, 2013.

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