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(영문) 대법원 2016.05.12 2014다204628

손해배상(기)

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All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal by Defendant School Foundation CS

A. According to the reasoning of the first instance judgment and the reasoning of the first instance judgment partially admitted by the lower court, the lower court acknowledged facts as indicated in its reasoning, and determined that Defendant CS also is liable for compensating the Plaintiffs for damages arising therefrom pursuant to Article 35 of the Civil Act, inasmuch as it is acknowledged that Defendant CTS, the former president of the Defendant Educational Foundation CS (hereinafter “Defendant CS”) operating the DE University, was illegal in the course of operating the Defendant CT and the current president, and Defendant CU’s operating the CU.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and there were no errors by misapprehending the legal principles on indirect damage.

B. According to the reasoning of the judgment of the court below in the second instance, the court below acknowledged the facts as stated in its reasoning, and determined that it is difficult to recognize that the plaintiffs or plaintiffs BX, who were not included in the dormitory allocation order, actively recruited or participated in the recruitment of credits even without attending the DE university or the faculty in charge of the class, and obtained credits unfairly even without attending the class.

In light of the records, the above judgment of the court below is just and acceptable, and it did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

C. According to the reasoning of the judgment below in the ground of appeal No. 3, there is no evidence to acknowledge that Plaintiff A, AC, AH, AY, BF, BN, and X were removed prior to the issuance of the order to close down the DE University, and even if so, they are alleged by Defendant CSS.

참조조문