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(영문) 부산지방법원 2018.03.29 2016가단323741

손해배상(기)

Text

Defendant KRW 9,500,000, Plaintiff C, and Plaintiff D respectively, and KRW 9,800,000 for Plaintiff E and each of them.

Reasons

Basic Facts

The Plaintiffs are attached to the Defendant who operates the “H Institute” between September 4, 2015 and January 18, 2016.

1. A contract for the search and employment service of a shipbuilding yard with the same or similar contents as the entries was concluded;

(hereinafter “instant contract”) As to the details of the instant contract concerning the employment security of the shipbuilding yard, the Plaintiff A, B, C, and D shall attached Form

2. Matters to be confirmed, Plaintiffs E, and F shall be as indicated in attached Form.

3. The description confirmations were prepared as accompanying documents;

(hereinafter referred to as “detailed confirmations.” As educational expenses under the instant contract, Plaintiff A paid KRW 9,300,000 to the Defendant each of the KRW 9,500,000 for Plaintiff B, C, and D, and KRW 9,80,000 for Plaintiff E, and KRW 12,00,000 for Plaintiff F, respectively, and the Plaintiff A paid KRW 3,50,000 for the acquisition of qualification certificates for employment in Australia.

The defendant completed the closure of business on December 23, 2016.

[Based on the facts without dispute, Gap's evidence 1, 2 and Eul's evidence 6 (including the number of branch numbers; hereinafter the same shall apply), and the plaintiffs' assertion of the purport of the whole pleadings as to the purport of the whole pleadings, the defendant did not comply with the contract of this case even though the cooperation company of the 3rd Shipbuilding (former Heavy Industries, Samsung Heavy Industries, and Samsung Heavy Industries) or the employment agency of at least 120,000 won per day should be provided in the land plant. Thus, the full amount of tuition fees shall be refunded in accordance with Article 5 of the contract of this case.

The defendant may guarantee the above 10% employment and gain the above 300 to 5 million won per month after completion, and the defendant himself/herself has advertised as if he/she were to be in good faith, but did not comply with this.

Ultimately, since the Defendant placed false or exaggerated advertisements without intent or ability to perform such advertisement, the instant contract is revoked or tort liability is established.

Defendant A voluntarily sought the employment of Australia on behalf of the domestic shipbuilding company, and provided practical training in Australia, and the rest of the Plaintiffs were employed by the cooperation company of the domestic shipbuilding company.