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(영문) 서울남부지방법원 2015.04.28 2014가단230003

손해배상금(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings by either the Plaintiff and the Defendant, or by taking account of each of the statements in subparagraphs 3 and 4, respectively.

The plaintiff worked as a teacher who teaches science subjects from C High School operated by the defendant around 1984 to around 2003.

B. On April 14, 2003, under the condition that Defendant D’s chief director requested the Teachers’ Disciplinary Committee to make a resolution on disciplinary action against the Plaintiff, the Plaintiff has the same year.

5. 15. The defendant submitted to the defendant a letter of resignation stating that "on an individual basis, resign from office as of May 31, 2003," and accordingly, the defendant issued a disposition to dismiss the plaintiff from office as a member of the Council.

C. D was punished by a fine of KRW 5 million from this court on the ground of the fact that “The facts were found to have not been intended to employ the Plaintiff as a fixed-term teacher, but it was found that the Plaintiff was employed as a fixed-term teacher from June 2003 to February 2004 by deceiving the superintendent of education of the Seoul Special Metropolitan City Office of Education, and that it was obtained from the above superintendent of education equivalent to KRW 18,931,00 corresponding to the monthly salary of fixed-term teacher from the above superintendent of education and obtained it by fraud.”

(2010 Highest 1441) 2. Determination on the cause of the action

A. The plaintiff's claim 1) D is obligated to pay to the plaintiff 20,000,100 won in total amount of damages suffered by the plaintiff by the above tort (i.e., 10,000 won for mental damage of KRW 10,000,100) and 5% in a year from September 1, 2003 to the day of delivery of a complaint, and 20% in a year from the next day to the day of full payment, to the day of full payment, as the plaintiff did not intend to appoint the plaintiff as a regular teacher. D is obligated to pay to the plaintiff 20,000,000 won in total for damages sustained by the plaintiff as a regular teacher.