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(영문) 서울동부지방법원 2016.10.27 2015가단42873

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts subsequent to the underlying facts may be acknowledged by taking into account the respective descriptions of Gap evidence 8-1 and 2 and the purport of the entire pleadings (including the fact that there is no dispute).

On November 4, 2014, the Plaintiff entered into a contract with Defendant D to take over the business rights of “F” on the third floor of the building in the Gurisi City (hereinafter “instant contract”). From that time, the Plaintiff changed the trade name of the said private teaching institute to “G” and operated the said private teaching institute (hereinafter “G driving institute”).

Defendant B and C had been employed as a lecturer at the relevant institute prior to the Plaintiff’s transfer of the business of the G Institute, and had retired from employment to the “J” newly established by H to Guri-si, a neighboring institute of the said institute, around May 2015.

On July 27, 2015, the Plaintiff transferred the business rights of GJ to K.

2. Determination on the cause of the claim

A. Defendant B’s claim of KRW 20,00,000 for damages due to Defendant B’s defamation (1) revealed that Defendant B’s assertion that “the Plaintiff gave rise to a monthly wage of an instructor who was extremely high by the Plaintiff,” and that “the Plaintiff prevented the Plaintiff from taking part in the Plaintiff’s course” was false, thereby impairing the Plaintiff’s reputation by allowing the students and their parents to recognize the Plaintiff as a person who did not take part in the Plaintiff’s labor force and engage in good conduct.

Therefore, Defendant B is obligated to pay the Plaintiff KRW 20,000,000 as damages for defamation and damages for delay.

(2) Each of the statements Nos. 4, 6, and 13 in the board is not deemed directly prepared by the person who made the statement, and the statement is also subjective, and it is difficult to believe it as it is, and the statement Nos. 11 and 12 is insufficient to recognize it by itself, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above claim is without merit.

B. Defendant B and C claim compensation for damages incurred by Defendant B and C to deduct their students from J (1).