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(영문) 대법원 2017.05.31 2017두31316
감사결과통보처분취소
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s ground of appeal No. 1, the lower court, on the grounds stated in its reasoning, determined that the Defendant’s order to collect from D to take revenue measures for school expenses accounts for the Plaintiff, based on the annual disposition No. 1 as indicated in the attached disposition list of the lower judgment’s attached disposition, ordering the Plaintiff to receive KRW 40,307,317,00,

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles, such as Article 60 of the Higher Education Act and the principle

(2) As to the ground of appeal No. 2, the lower court determined that the Defendant’s order to collect KRW 735,600,000 equivalent to the basic property for profit from E to take a revenue measure for the corporate accounting, based on the disposition No. 3 as indicated in the attached disposition list of the lower judgment, was lawful.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles, such as Article 60 of the Higher Education Act and the principle of proportionality.

(3) On the ground of appeal No. 3, the lower court determined that the Defendant’s order to collect KRW 24,907,530 of private school pension charges and KRW 9,134,830 of the principal and interest of school personnel loans from F to the Plaintiff as stated in the “justifiable Disposition” attached to the lower judgment and to pay it to the Private School Pension Foundation, on the grounds as stated in its reasoning.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, it exceeds the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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