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(영문) 서울고등법원 2017.04.14 2016나2000668
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount ordered to be paid to the defendant B.

Reasons

1. The Plaintiff is an association that is not a legal entity that operates the F newspaper company (hereinafter “F”).

The Defendants were the pastors belonging to the Plaintiff, and Defendant B, from around 2003 to October 31, 2010, served respectively as the head of F’s editing division and the head of F’s editing division, Defendant C, as the head of the general affairs division or the head of the editing division from February 2005, and Defendant E, as the head of the planning project division or the head of the planning project division from February 200 to July 31, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's assertion

A. Since Defendant B suffered damages equivalent to KRW 855,562,898 in total due to the following illegal acts, Defendant B shall compensate the Plaintiff for the damages or return unjust enrichment.

1) Defendant B, who is in the position of the Director General of the F’s editing bureau, unlawfully disbursed public funds equivalent to KRW 460,967,708 in total without the Plaintiff’s approval or consent (as described in attached Table 1). Defendant B embezzled KRW 222,72,80 of the F’s public funds in addition to the Plaintiff’s payment during the period of service (as described in attached Table 2), in addition to the Defendant B’s payment, by means of additionally receiving business promotion expenses, night-time work allowances, editing research expenses, etc.

2) Defendant B received total of KRW 146,872,390 from April 24, 2005, including office rents, management expenses, support payments, and advertising expenses paid by G to the Plaintiff from April 24, 2005, and embezzled by using it for his personal purpose.

4 피고 B은 원고가 주식회사 유비넵으로부터 지급받아야 할 영업대행 계약금 2,500만 원을 자신의 은행계좌로 입금 받아 이를 다른 용도로 유용하였다.

B. Without the Plaintiff’s consent, Defendant C’s totaling KRW 50,400,00 per month under the name of “advertising business allowances” from 2005 to KRW 60,000 per month, and KRW 65,630,000 per month from 2005 to 2011 as children’s school expenses, performance rates, etc., and KRW 149,550,000 per month under the name of special overtime allowances, etc. from 2005 to 2010.

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