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(영문) 서울중앙지방법원 2017.01.13 2015가단5359238
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. From June 25, 198 to May 25, 2015, the Plaintiff held office as the head of a facility that operates “F” under the Social Welfare Foundation E located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, and took overall charge of the overall affairs, including F resident management, employees management, such as appointment of employees, and operation of facilities. Defendant B Co., Ltd (hereinafter “Defendant Company”) is a press that issues G newspapers while engaging in publishing and selling newspapers. Defendant C is a reporter of the Defendant Company.

B. F is a facility directly operated by E in Seocho-gu Seoul on June 15, 1988, which accommodates and protects middle and high-standing persons with disabilities, opened on June 15, 1988.

The site area of the above facility is 264.4 square meters, and 142.48 square meters, and as of January 1, 2015, the employees as of January 1, 2015 are four including the Plaintiff, and the users are 7 persons with intellectual disabilities, 12 persons with brain-dead disabilities, and 4 persons with multiple visual disabilities.

C. On May 19, 2015, Defendant C posted each article of the same content as indicated in [Attachment 1 and 2] written by Defendant C (hereinafter “each article of this case”). D.

Around May 2015, the Seoul Metropolitan Government Human Rights Center for Persons with Disabilities (hereinafter referred to as the "Human Rights Center for Persons with Disabilities") submitted a written accusation against the plaintiff to an investigative agency as follows:

Embezzlement and Embezzlement - 54,069,040 - Amount of embezzlement - Amount of 40,000,000 - Amount of 38,100,000 by means of not returning the money withdrawn under the name of deposit after withdrawal of property of a resident - Amount of 53,610,264 - Management of deposit support payments in the name of a person with disabilities who died during his/her residence - Amount of 53,610,264 - Unclaimed withdrawal of personal deposits in the name of a resident - Amount of 53,293,705 won without permission - Violence against the victim Ha in the name of a resident - amount of 151,558,705 won:

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