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(영문) 대구지방법원 2015.09.18 2013가단20707

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On July 10, 2008, in order to succeed, develop, and foster talented human resources who have good character by succeeding to and developing the loyalty and studies of the modernization, the permanent resident city created L(the name of Defendant Incorporated Association I was changed to November 4, 201; hereinafter “Defendant Training Institute”) to K in the permanent resident city, and entrusted M(the location: Jongno-gu Seoul N) with the operation of the Defendant Training Institute.

The plaintiffs are employees of the Defendant Training Institute, and from March 2010, they were engaged in the character education instructors of the “Juvenile Character Education Site Class” business conducted for elementary, middle and high school students from March 2010, and received tuition fees from M.

However, Defendant J, the president of Defendant J, at least twice from May 19, 201 to December 12, 201, arbitrarily withdrawn the amount, such as the statement in the purport of the claim (hereinafter “instant tuition fee”), while Defendant J, the president of Defendant J, received the Plaintiff’s tuition fee from M in a passbook account in the name of the Plaintiffs, and kept the Plaintiff’s tuition fee in several times from May 19, 201 to December 12, 201. Defendant J embezzled the Plaintiff’s tuition fee, which is the Plaintiff’s money, and Defendant J neglected to supervise Defendant J as the employer of Defendant J.

Accordingly, the Plaintiffs are held jointly and severally liable for the tuition fee of this case to Defendant J and its employer, who is a tort.

2. Where there is no dispute in judgment, or where the overall purport of the arguments in each statement in Gap evidence Nos. 1 through 5 (including family numbers; hereinafter the same shall apply) and Eul evidence Nos. 1 through 12 is comprehensively considered, the circumstances, namely, ① permanent residents created training center for the defendant on July 10, 2008 and entrusted M with the operation of the training center for the defendant M. From January 5, 201 to December 31, 201, M received 80,000,000 annual subsidies from the Ministry of Culture, Sports and Tourism (the Minister) and received 80,000,000 won for the purpose of fostering the character of the youth and forming a correct sense of values (hereinafter the “instant project”), and among them, the project is conducted against the youth.