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(영문) 서울중앙지방법원 2016.06.03 2015가합522144
손해배상(기)
Text

1. The Defendant’s KRW 1,866,70,000 for the Plaintiff and KRW 20% per annum from April 29, 2015 to September 30, 2015, and the following.

Reasons

A (hereinafter referred to as the “instant foundation”) is a medical corporation for the purpose of the establishment and operation of a medical institution. In Dongjak-gu Seoul Metropolitan Government D, E Hospital, Furt Center, and affiliated funeral home.

The Defendant acquired the right to operate the said Foundation from G, which was the president of the instant Foundation, and took over the overall control of financial management and the foundation operation from January 21, 201 to October 10, 201, while working as the president of the said Foundation from January 21, 201.

As a result of the Defendant’s embezzlement and criminal trial, around April 7, 201, while working as above, the Defendant provided H with land and I’s ground buildings located in Dongjak-gu Seoul Metropolitan Government I and J as joint collateral, and borrowed KRW 994,70,000 in the name of the Foundation of this case and used the said money for personal purposes, such as lending it to another person around that time.

In addition, from the above date to October 26, 2012, the Defendant received a total of KRW 1,866,700,000 from the instant foundation office by H, etc. over ten times as shown in the following table, and embezzled money as voluntary consumption around that time.

On April 7, 201, 1201, the method of committing the crime of embezzlement of borrowed real estate owned by H lending 994,700,000, and borrowed money by offering as collateral on April 7, 201, the lease contract was concluded on August 5, 201 with the name of 200,000,000 of K Lease Deposit under the name of the juristic person voluntarily consumed for personal use at around that time, and then 22,00,000,000 won was collected from the delivery for personal use from the delivery and embezzled for personal use at around that time after concluding the lease contract with the name of 22,00,000,000 won was remitted for personal use at any time, and then the contract was concluded from the delivery of the construction contract from the legal entity under the name of 10,000,000.

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