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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a representative director of social welfare foundation B (hereinafter “instant corporation”).
B. On October 10, 2014, the Defendant notified the Plaintiff of the fact that the performance of duties by the representative director of the instant corporation is suspended from October 10, 2014 to the expiration of the grounds for suspending performance of duties pursuant to Article 22-2(1) of the Social Welfare Services Act on the following grounds:
(hereinafter referred to as “instant disposition”) . - Management improper (use of 200 million won in cash) - Management improper (use of corporate accounting fraud and operating expenses: KRW 150 million - Non-performance of an order for guidance and supervision (in case of failure to submit data, failure to perform an order for guidance and supervision - Non-performance of corporate accounting) - Non-existence of acquisition of corporate property - Non-existence of an insurance on the basic property of a corporation and improper operation of a corporation [based] without dispute, entry in Gap evidence 1,
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1 of this case is based on the recognition or judgment of erroneous facts, as seen below, and is unlawful as the grounds for disposition do not exist.
① Although the Plaintiff paid KRW 200 million of the fundamental property of the instant legal entity as a lease deposit for C/C convalescent hospitals, this is not a useful property that can be returned at any time.
② The Plaintiff’s payment of KRW 150 million for lease deposit, KRW 2,857,760 for lease deposit, KRW 19,500 for the purchase of medical appliances, and KRW 19,500 for the purchase of medical appliances to establish a new convalescent hospital in D is for the operation of a rehabilitation hospital for disabled persons, which is the purpose of the instant corporation, and cannot be deemed accounting fraud, and the payment of KRW 17,00,00 for the purchase of singing facilities was made at the request of the claimant in the course of closing or disposing of the C convalescent hospital.
③ The Plaintiff responded to the request of the Defendant, and the data that the Defendant requested was already included in the data that the Defendant had secured.
④ The Plaintiff acquired the instant corporation.