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(영문) 서울서부지방법원 2019.12.12 2019나36732

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The grounds for this part of the facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Full-time teachers teaching practical dance in an educational institution specializing in arts claimed by the Plaintiff form a human network with a nationwide dance institute, etc. to recruit students.

In the case of the plaintiff, the human network has been formed in the Suwon Institute, and in the case of 2017, the absolute majority of the students of the Suwon Institute entered C and paid the enrollment fee.

Even in the year 2018, the eight persons, who were enrolled in the Suwon Institute, from September 2017 to November 201 of the same year, have passed from September 2017 at the Defendant’s recommendation and received 1,000,000 of the enrollment fees per person and received 3,170,000 of the remainder of 3,170,000 of the enrollment fees, and prepared one semester for the year 2018, which was opened in March 2018.

However, the defendant, at the end of 2017, caused the person in charge of the Suwon Private Teaching Institutes to explain the major course of the D Private Teaching Institutes to the students of the D Private Teaching Institutes, while allowing the person in charge of the D Private Teaching Institutes to visit the D Private Teaching Institutes to explain the major course of study, and not attending the Institute after submitting a resignation document to C around January 24, 2018, which led to a situation where the eight of the instant eight persons already registered with C upon the defendant's recommendation cancelled the registration and received the refund of the enrollment fee.

As can be seen, the Defendant took measures to require D Private Teaching Institutes in competition with C to hold a briefing session at Suwon Private Teaching Institutes, and immediately submit a resignation letter to C at an important time immediately before admission, thereby causing multiple preliminary new students’ revocation situation, thereby causing damage to the Plaintiff. Therefore, the Defendant is liable for nonperformance due to breach of the duty of loyalty to the Plaintiff or for tort.

And the amount of damages shall be.