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(영문) 광주고등법원(제주) 2020.05.27 2019나10974
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances where the Plaintiff’s director E made an illegal solicitation for the instant project, it cannot be deemed that Defendant C’s concluding the instant build-transfer-lease contract with the Plaintiff on behalf of president, and Defendant C’s conclusion of the instant build-transfer-lease contract cannot be deemed as tort. As such, Defendant C’s act of concluding the contract is not recognized as relevant to the performance of duties, it cannot be deemed that Defendant B

B. Even if liability for damages is recognized against the Defendants, the costs claimed by the Plaintiff cannot be acknowledged as the costs expected and disbursed by the contract.

2. The reasoning for this part of the reasoning is as follows: (a) the reasoning of the judgment of the first instance is the same as the reasoning of the judgment, except where the court stated this part of the facts in this part is based on the second part of the judgment of the first instance as “BO project newly built in a dormitory and a student restaurant” as “BO project newly built in a dormitory and a student restaurant”; and (b) therefore, it is cited

3. Determination

(a) Matters concerning the acquisition, disposal, and management of the school juristic person’s assets are subject to deliberation and resolution by the board of directors (Article 16(1) of the Private School Act), and permission from the competent agency if the school juristic person intends to bear obligations;

(1) Article 28(1) of the Private School Act provides that a school juristic person shall acquire or dispose of the property of a school juristic person without deliberation and resolution by the board of directors under Article 16(1) of the Private School Act, or perform an act of compulsory performance without permission by the competent authorities under Article 28(1) of the Private School Act, and no act of compulsory performance shall take effect upon ratification of the above act of compulsory performance by the school juristic person (see, e.g., Supreme Court Decision 2000Da2344, Sept. 5, 200). Meanwhile, where an employee of a school juristic person borrows money from others or causes damage to others by borrowing money from others without permission by the board of directors and the supervisory authority in connection with the performance

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