The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 1, 2006, the defendant joined the plaintiff foundation and started to serve as the secretary general, and thereafter, the defendant is the person who retired on February 18, 2020.

B. On July 25, 2016, when the Defendant was in office, the Plaintiff Foundation concluded a construction contract with Nonparty D Co., Ltd. (hereinafter “Non-Party Company”) and the Non-Party Company to undertake repair works related to the leakage of the roof of the Child Care Center under the Foundation to the contract amount of KRW 33,500,000 (including value added tax; hereinafter the same shall apply). The said construction contract was concluded again with the content that the contract amount was increased to KRW 35,00,000 on August 12, 2016 (hereinafter “the roof construction of this case”).

After the roof construction of this case was completed, the Plaintiff Foundation received notification from the Gyeongnam-do Prevention and Safety Department, the competent administrative agency, that the section of the board installed as the above roof construction conflicts with the Building Act and the method of lawsuit. Therefore, the Plaintiff Foundation received notification that the removal requires reconstruction.

[Ground of recognition] Unsatisfy, entry of Gap 1 and 2 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was notified by the Defendant that, at the time of entering into the instant roof construction contract, construction works may increase the total floor area due to the installation of the board, the possibility of violation of the Building Act, and the likelihood of violation of the Fire Services Act due to the fact that the materials of the board to be installed are not influence.

Nevertheless, by failing to take procedures such as reporting the possibility of such problems to the Foundation’s board of directors, the Defendant arbitrarily concluded a roof construction contract, thereby causing damage to the Plaintiff Foundation in violation of its duties or duties of care. Accordingly, the Plaintiff Foundation spent construction cost of KRW 10,610,00 on January 14, 2019 for the removal and reconstruction of the roof construction of this case.

The Defendant shall compensate the Plaintiff for the damages incurred by the Defendant, which is KRW 35,00,000, and the removal and reconstruction of the roof work of this case.