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(영문) 수원지방법원안양지원 2015.04.23 2014가단22336
손해배상금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from October 7, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant operates a stock company B (former trade name before the change: C; hereinafter the instant company). The instant company was selected as a managing research institute of D’s “D” among the government affairs and research and development tasks conducted by the Plaintiff on April 10, 2009, and the Defendant entered into an agreement on a research and development task with the Agricultural and Forestry Technology Management Center on behalf of the said company on April 10, 2009, and subsequently, on May 13, 201, received government contributions of KRW 165 million from the Plaintiff to the corporate account under the name of the said company, and kept it for business purposes.

B. Although the Defendant, in accordance with the operating rules for the agricultural, fisheries and food research and development project, the standards for the management of agricultural, fisheries and food research and development projects, and the above research and development funds as the designated passbook, should be used only for the purpose of use and use prescribed in the above management standards, the Defendant arbitrarily used 5 million won for the purpose of paying the office management expenses of the instant company on May 13, 201, and disbursed 12 times from around that time to July 25, 201 for all other than the designated purpose, such as reimbursement of the loans of the said company and employee benefits.

C. On July 2, 2013, the Defendant was indicted on charges of occupational embezzlement due to the foregoing act and embezzled the amount equivalent to KRW 65 million in the Gwangju District Court Decision 201Da6523, the Defendant was sentenced to a suspended sentence of two years on July 2, 2013, and the said judgment became final and conclusive at that time, and the Defendant deposited KRW 40 million for the Plaintiff in relation to the said case.

On the other hand, according to Article 3 of the Addenda to the Promotion of Science and Technology for Agricultural, Fisheries, and Food Industry Promotion Act, the property managed by the Agricultural and Fisheries Technology Management Center affiliated with the Korea Agricultural and Fisheries Institute and the rights and duties belonging to the Agricultural and Fisheries Technology Management Center among the rights and

[Ground of recognition] Unsatisfy, Gap evidence 2-1 to 2.

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