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1. As to the Plaintiff KRW 5,336,330,424 and its KRW 5,222,502,134 among them, the Defendant shall start from September 13, 2013; and 113,828.
Reasons
1. Basic facts
A. Since the establishment by the president of the Network C (hereinafter “the network”), the Plaintiff is an educational foundation which has A, A, A, A, A, and A, and A, and the Defendant was appointed as a A, middle school teacher around March 2, 1968. Since around 1999, the principal of the A, A, A, and A, as a director of the A, a school foundation from around 2005 to around 2005 (the change to the secretary general), and the executive director and secretary of the A, A, as the principal of the A, and the principal of the A, as the principal of the A, the deceased, and the principal of the A High School, who have overall control over the personnel affairs and administrative affairs of the Plaintiff’s schools.
The Deceased died on April 14, 2009.
B. On November 23, 2012, the Defendant was sentenced to five years of imprisonment from the above court in cases, such as the Seoul Northern District Court Decision 2012 Gohap81, 328 (Consolidated) in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc., and the Defendant appealed (Seoul High Court Decision 2012No4178), but all appeals (Supreme Court Decision 2013Do6389) were dismissed.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is that the Defendant, in collusion with the Deceased, inflicted damages on the Plaintiff by creating and embezzling the funds of KRW 7,515,989,916, etc., and thus, the Defendant should pay damages for damages, including KRW 7,515,989,916, as well as damages for delay.
B. Defendant’s assertion 1) The Defendant created funds according to the instructions of the deceased, and after the death of the deceased, it is merely the raising of funds in accordance with the existing method for the preparation of living expenses for the deceased’s family members. Since all funds raised were used by the deceased or their family members, the Defendant is not liable for embezzlement. 2) Even if the Defendant’s responsibility is recognized, taking into account the Defendant’s status, the place of using funds, etc. in raising funds.