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(영문) 대법원 2009. 07. 23. 선고 2009두6674 판결

학원의 실제 운영자가 따로 있고 단지 명의만 대여했다는 주장의 당부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu28310 (No. 15, 2009)

Title

The legitimacy of the assertion that the actual operator of the private teaching institute has been a separate operator and only lent only the name.

Summary

It is reasonable to view the amount returned after the closure of a private teaching institute as the total sum of the details of return of contributions and distribution of profits for the operation of the private teaching institute. In full view of other circumstances such as the role in the process of the establishment and operation of the private teaching institute in this case, the Plaintiff appears to

The decision

The contents of the decision shall be the same as attached.

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by