logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.28 2015나2057728
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. The scope of the judgment of this court in the first instance court held that: (a) the Defendant embezzled KRW 250 million in the office of the first instance; (b) the Defendant wrongfully received KRW 148,50,000 from the school business promotion expenses for the benefit of the school; (c) the act of using the school card for the personal purpose; (d) the act of using the business promotion expenses for the personal purpose; (e) the act of using KRW 24,871,816 for the personal purpose; (v) the act of having the school pay KRW 36,876,40 in the office rent of the office leased for the personal purpose; (vi) the act of having the school pay KRW 36,876,40 in the office rent of the office leased for the personal purpose; and (v) the act of causing damage to KRW 37,397,524 in the

The court of first instance accepted only the claim 6, and dismissed only the claim 1 to 5, and both the plaintiff and the defendant appealed, but the plaintiff withdrawn the above claim 1, so the subject of the judgment of this court is limited to the above claim 2 to 6.

2. Facts without dispute;

A. The Plaintiff is a school juristic person that operates the C School Universities (hereinafter “C University”).

B. From March 1, 2005 to February 28, 2013, the Defendant served as the president of C University.

3. The plaintiff's assertion

A. While the Defendant held office as the president of C University, he inflicted damages on the Plaintiff by committing the following illegal acts.

(1) From January 2006 to May 201, 201, the Defendant unfairly received KRW 148,500,000 from a school’s private school institution’s finance and accounting rules and embezzled them as wages.

B. From March 4, 2006 to May 19, 2012, the Defendant used 34,871,816 won for personal purposes of school cards issued for the purpose of business promotion.

Article 26(1) of the Civil Procedure Act provides that the Defendant shall exchange the goods from February 20, 2006 to October 12, 2012 to persons who have personal friendly relationship with the Defendant, and that the amount of KRW 24,860,00 should be settled from the Plaintiff’s business promotion expenses.

Applicant and the defendant shall be on May 16, 2005.

arrow