(영문) 서울행정법원 2018.09.21 2017구합85948

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(영문) 서울행정법원 2018.09.21 2017구합85948

감사결과처리지시처분 취소 청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Case history

A. The Plaintiff is the head of A High School, a private school established and operated by the school juristic person B.

The result of the unfair execution (use for other than the purpose of budget) of the after-school entrance fee related to the "unfair disposal of accounting affairs of after-school" in the attached list 1 list 6 - The D(Ms of E, the principal of A High School) of the C Co., Ltd. (hereinafter referred to as the "C") which entered into an entrustment contract with A High School: The D(Ms of E, the principal of A High School) used the school foundation card without authority for personal use, etc., to execute 51,673,580 out of the after-school entrance fee for other than the purpose.

- Matters requiring disposition against the Plaintiff: Recovery of KRW 51,673,580, which was executed unfairly, and the result of the school accounting’s return (hereinafter “instant disposition 1”) through a contract for a new student of a preliminary school after submitting evidentiary documents to the school accounting - Audit Results: A High School concluded an entrustment contract with C without due process, and made C unjust enrichment of KRW 42,858,00,00, which is the difference between the tuition fees and the tuition fees, from January 2, 2017 to February 2, 2017, while the instructors belonging to the school take full charge of all kinds of classes, and concluded the entrustment contract with C without due process.

- Matters requiring disposition against the Plaintiff: recovery of KRW 42,858,000 illegally executed and the result of the school accounting’s review, attaching evidentiary documents, after taking a revenue measure to the school accounting (hereinafter “instant Disposition 2”) (hereinafter “instant Disposition 2”), the “F affairs” to the employees of the relevant school, who are in charge of “unfair execution of the school accounting budget through preferential provision, etc. to related parties,” and the result of payment of benefits - G, who is a staff member of the A High School, is the “F” operated by the director H(the spouse of the Party E, the principal of the A High School) of the school foundation B, while performing

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