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(영문) 광주지방법원순천지원 2012.07.12 2011가합833
손해배상(기)
Text

1. The Defendant’s KRW 75,478,400 as well as 5% per annum from February 29, 201 to July 12, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. From January 1, 2006 to April 16, 2010, B universities entrusted 20 research tasks, including “C,” from 11 institutions, including the Korea Research Foundation, and selected the Defendant, who is a professor for future strategic materials engineering and teaching as a person in charge of research and executed research expenses.

B. According to the management guidelines for research expenses of the B University, the aforementioned research expenses were once attributed to the Industry-Academic Cooperation Foundation, and are directly paid to the business partner or researcher from the Defendant’s request.

C. The Defendant, while carrying out the said research task, required an individual employee to manage the passbook in the name of the person registered as the researcher of the said research task en bloc.

The Defendant received KRW 388,958,630 in total from the account in the name of the researcher, claiming payment to B University Industry-Academic Cooperation Foundation as if the researcher did not intend to pay the full amount of personnel expenses directly to the account in the name of the researcher.

The defendant paid 290,533,710 won to 35 researchers who have participated in the actual study as personnel expenses, and used 75,478,400 out of the remainder for private purposes such as personal debt repayment.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The Defendant shall compensate the Plaintiff for damages of KRW 75,478,400, as the Plaintiff received the full amount of personnel expenses as if the Plaintiff did not intend to pay the full amount of personnel expenses, and used the full amount of KRW 75,478,400 for private purposes.

Furthermore, the Plaintiff asserts that the Defendant applied for and registered a graduate school student, etc. who did not participate in the research task as a research assistant, other than the research assistant who actually participated in the research task, and received KRW 435,129,613 as personnel expenses, and embezzled KRW 279,93,713 among them for private purposes. However, the statement of evidence A Nos. 1 and 3 (including paper numbers) is alone.

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