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(영문) 수원지방법원 2021.02.03 2018가합29101
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a school foundation that establishes and operates C University.

The Defendant was the president of C University from January 19, 2012 to March 22, 2013, as the net D, the founder of C University.

On May 11, 2016, the Plaintiff submitted an application for approval of the plan to change the location of the C University (including a certified copy of donations, such as contributions) to the Minister of Education (hereinafter “instant project”). On May 31, 2016, the Minister of Education requested the submission of the following documents: (a) details of the school site (including certified copies of donations) and plans to secure the construction cost of teachers; (b) details of the corporation’s property; (c) details of the university’s reserve funds; and (d) details of the E Camp development project promoted by the C University to partially transfer the department (hereinafter “C University E Camp development project”). In carrying out the E Camp development project promoted by the C University to partially transfer the department, he/she would actively contribute to the C University’s application for approval of the plan submitted by the Ministry of Education ( partial transfer) ( August 25, 2016) so that this project may proceed without delay in accordance with the plan by the Ministry of Education.

On August 26, 2016, the Plaintiff submitted an application for approval of a plan to change the location of a C University (part of transfer) to the Minister of Education (hereinafter “instant application”) on August 25, 2016, along with a self-declaration on August 25, 2016 in the name of the Defendant (hereinafter “instant application”).

The “non-building column” column of the “Annual Building Plan and Financing Plan (Building Expenses)” column of the instant application (hereinafter “non-building column”) stated as follows: “The sum of all expenses, including all expenses, such as furnitures and fixtures, to enter the university headquarters, such as lecture rooms and dormitories, necessary for the first opening of the lecture room, etc., is approximately KRW 10.75 billion; and the balance of mother and child other than KRW 7.4 billion scheduled to be executed from the school expense account, is to be borne by the school foundation.”

The Minister of Education shall make the timing before January 18, 2017 on March 1, 2018.

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