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(영문) 수원지방법원 안양지원 2017.01.12 2015가합101592
대여금
Text

1. The Plaintiff; Defendant School Foundation B’s KRW 191,429,130 as well as its annual interest from August 20, 2016 to January 12, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Defendant School Foundation B (hereinafter “Defendant School Foundation”) from September 1, 201 to September 1, 201.

ii) the D University operated by it (hereinafter referred to as “instant University”);

On April 19, 2012, while serving as the president of the Council, the term of employment was from May 1, 2012 to June 30, 2013 (if a contract is decided by no later than three months before the expiration of the term of appointment, an automatic extension shall be deemed to have been made for one year), and the remuneration was 500,000 won (annual salary after 2013 shall be annual consultation) monthly. Accordingly, from May 1, 2012 to May 18, 200, E, who was the president of the Defendant Educational Foundation, was appointed as the director and the president by a resolution of the board of directors, and the Seoul High Court Decision No. 2010, Jan. 22, 2002, which became final and conclusive by the Seoul High Court Decision No. 2010, Feb. 29, 2005, which became final and conclusive by the resolution of the board of directors.

3) The Ministry of Education and Human Resources Development (Ministry of Education and Human Resources Development) delayed the appointment of a successor director on the same ground as above 2. On July 20, 2007, pursuant to Article 25(1) of the Private School Act, appointed 11 temporary directors of the defendant school foundation (the term of office from July 20, 2007 to the dismissal).

4) Notwithstanding the above provisional disposition decision, E appointed Defendant C as the president’s representative on March 1, 2007 as the president of the Defendant educational foundation. Accordingly, Defendant C et al. filed an application for a decision of acceptance on November 8, 2007 by Suwon District Court 2007Kahap438 against Defendant C et al., and received a decision of acceptance on November 30, 201. 5) The Ministry of Education, Science and Technology pursuant to Article 25-3 of the Private School Act on June 30, 201.

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