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(영문) 창원지방법원 2015.07.03 2014가단27633

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As the representative of “C” on October 2010, the Plaintiff entered into a contract for the provision and management of after-school content (hereinafter “instant content contract”) with the Defendant on the provision of content related to the operation of the after-school English classroom (hereinafter “C”).

B. After that, on October 2010, the Defendant entered into an after-school lecturer employment contract with D Elementary School through interview, etc., the Plaintiff provided the Defendant with assistance during the above interview and provided the Defendant with the support for the language residents, educational equipment, and text messages services during the operation of the after-school.

C. On May 31, 2012, the Defendant started to set the day of after-school instructors in relation to the increase of after-school courses at D elementary schools, and the instant content contract with the Plaintiff was terminated around that time.

On the other hand, on May 30, 2012, the Defendant posted a civil petition (hereinafter “instant civil petition”) to the effect that “The employment and dismissal of instructors at after-school is de facto delegated to the Plaintiff’s company, and the appointment and dismissal of after-school instructors is decided following the conclusion and termination of the content supply contract with the Plaintiff company, the Defendant posted a civil petition for requesting audit of the relationship between the principal of the D elementary school and the Plaintiff company as a civil petition on the homepage of the Cheongdae National Examination and website, as the principal of the D elementary school is a civil petition.”

E. On June 4, 2012, the Plaintiff paid KRW 25 million to the Defendant, and the Defendant agreed to delete the instant civil petition (hereinafter “instant agreement”). Accordingly, the Plaintiff paid KRW 25 million to the Defendant on the same day.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6, 9 (including Serials), the purport of the whole pleadings

2. The defendant's judgment on the main defense of this case shall be the Kim Jong-nam Branch, an incorporated association.