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(영문) 제주지방법원 2016.02.19 2014가단17731
손해배상(기)
Text

1. Defendant B’s KRW 87,500,000 as well as 5% per annum from September 17, 2013 to December 16, 2014.

Reasons

1. Basic facts

A. Defendant B was appointed as a public official around March 10, 2004 and served as a public official in charge of education in the Agricultural Technology Institute established under the Defendant Jeju Special Self-Governing Province (hereinafter “Defendant Jeju-do”) from January 10, 2013.

B. Defendant B had the intent to forge the relevant documents using his public official in Jeju-do and obtain money under the name of the facility load project cost, etc. In September 2013, 2013, Defendant B had the Plaintiff paid only 30% of its own contributions to the Plaintiff to implement the facility load business that is supported by the State subsidy as a pilot project for the creation of a foundation for the production of a heating and water market in 2013. As such, Defendant B would receive the remainder of the State subsidy.

Defendant B obtained from the Plaintiff the passbook and password amounting to 30% of the total construction cost of KRW 125 million from the Plaintiff, which included KRW 37.5 million, and transferred KRW 28.66 million to the account in the name of D on September 17, 2013, KRW 13.44 million to the account in the name of E, and KRW 7.5 million to the account in the name of F on September 30, 2013.

However, the above facts did not exist in the facility sub-state support project.

C. On the other hand, around November 2013, the Plaintiff concluded a contract to build a bar system with the 1310,000 won of the construction cost on G’s land, with the belief of the end of the foregoing B, which is that the State subsidy will be paid, and the re-industry industry, the stock company, and the financial resources of the company (hereinafter “foreign companies”).

Since then, the Plaintiff acquired the said Hashes upon completion of the Hashes construction work on March 2014 in accordance with the above construction contract. D.

B paid 37.5 million won to the non-party company on November 19, 2013 for the plaintiff.

[Reasons for Recognition] Plaintiff and Defendant B: The Plaintiff and Defendant Jeju-do contain facts of no dispute, Gap evidence 1 through 7, Eul evidence 1, 2, and 4.

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