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(영문) 서울남부지방법원 2016.04.15 2013가합106834
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an organization established with the aim of strengthening the capacity of North Korean defectors and contributing to the construction of the unified Korea in accordance with the value of free democracy, and around February 201, the Plaintiff established C school, which is a facility for education of the children of North Korean defectors.

B. Around July 29, 2010, the Defendant, who was the Plaintiff’s director, was appointed as the principal of C School at the extended meeting of the Plaintiff, and on April 18, 2013, received a unique number certificate from the head of the Gu Guro Tax Office to “organization Name C School and the Defendant’s representative”.

C. From April 19, 2013 to May 7, 2013, the Defendant transferred the sum of KRW 278,130,534 from the Plaintiff’s (C schools) account under the name of the Defendant (C schools) to the Defendant’s (C schools) account five times. On May 9, 2013, the Defendant was dismissed from the office of the principal of Cschool at the Plaintiff’s emergency countermeasures meeting for executives.

On September 3, 2013, the Plaintiff filed an application against the Defendant for provisional injunction against the use of the name of an organization with Seoul Southern District Court Decision 2013Kahap585, and the said court rendered a decision on November 5, 2013 that “the Defendant shall not use the name of C school,” and the Defendant filed an application for provisional injunction, but this court rendered a decision to the same effect as on February 6, 2014, and the Defendant again filed an immediate appeal, but the court dismissed the immediate appeal on November 3, 2014.

E. Since then, the Defendant changed the name of C School to D Schools, opened an account under the name of the Defendant (D Schools) to manage and use the instant money, and terminated the lease contract for apartment buildings used as a dormitory of C Schools, and received KRW 50 million from the lessor on November 19, 2013 to the account under the name of the Defendant (D Schools).

F. Meanwhile, both C and D schools aim at education of North Korean defectors' children, and their locations, teachers, students, etc. are the same before and after the change of the name of the school.

[Reasons for Recognition] Unsatisfy, A1 number is included in each number, below.

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