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서울서부지방법원 2018.05.17 2017가합33445
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From July 1, 2005 to July 201, 201, Defendant B served as the head of the contract office at D elementary school affiliated with Plaintiff A, and the Plaintiff paid the Defendant B a sum of KRW 219,020,850 as follows in accordance with the content of the employment contract with the head of the administrative office:

(Employment Contract of the chief of the Office of Administration shall be in the name of the D Elementary School Head under the Plaintiff’s control.

From February 25, 2008 to February 24, 2012, Defendant C served as the president of the Plaintiff’s school juristic person. Six persons, including E, served as the driver of Defendant C. The Plaintiff paid 32,550,220 won to the driver of E, etc. in total from July 1, 2008 to May 31, 2010.

C. On February 30, 201, the Seoul Office of Education audited the Plaintiff on February 2, 201: (a) appointed the Plaintiff as the head of the administrative office on June 30, 2005; (b) appointed the Plaintiff as the Plaintiff’s non-F and two other persons as the head of the administrative office; (c) paid KRW 219,020,850 in total from the elementary school budget as remuneration; and (d) paid KRW 32,50,220 in personnel expenses by employing six persons, such as E, for the purpose of exclusive responsibility for driving personal vehicles of the president of a corporation; and (e) ordered the Plaintiff to recover the relevant amount from the Defendants on July 18, 201.

The plaintiff requested the Seoul Office of Education to review the above two matters, but on August 25, 201, the Seoul Office of Education issued a disposition to maintain the initial direction in addition to changing the order of the original operator to recover the labor cost from the defendant C to compensate for the school accounting.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 7, purport of the whole pleadings】

2. The plaintiff can determine the claim against the defendant B according to the audit results of the Seoul Metropolitan Office of Education.

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