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(영문) 부산지방법원 2017.05.11 2016가단320216

손해배상(기)

Text

1. The Plaintiff; Defendant B’s KRW 10 million; Defendant C’s KRW 3 million; and Defendant C’s KRW 3 million; from May 31, 2016 to May 11, 2017, respectively.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings in Gap evidence No. 2 and in part of Gap evidence No. 1 and 3 (including paper numbers, hereinafter the same shall apply).

The plaintiff is operating the "EAD" in the Seo-gu Busan Metropolitan City D.

B. From November 2014, Defendant B served as an English instructor at the E Research Institute. From July 2015, 2015, Defendant B opened and operated “GGA” from the Seocho-gu, Busan. Defendant C served as a social instructor at the E Research Institute, and served as the vice-president of the GA.

C. Defendant B was indicted by defamation and insult as to the following criminal facts against the Plaintiff in Busan District Court under approximately 2016Da3241, but filed a request for formal trial under the same court 2016 Go-Ma1408, and was convicted of having been sentenced to a fine of KRW 1 million by the above court on January 12, 2017.

(1) The defendant B appealed against the above judgment and appealed to Busan District Court 2017No366, which led to the appellate court's appeal.

A. From Jun. 2015 to Jun. 2015, Defendant B agreed to pay wages one year after the date on which he/she had worked, Defendant B retired from a private teaching institute; the fact did not allow the Plaintiff to discontinue by failing to pay an instructor; or did not want to open a private teaching institute in “HA”, Defendant B agreed to pay wages to the students of I, J, etc., on the ground that “the Plaintiff did not have any supplementary tuition expenses to the students of the society.” “The Plaintiff would have retired from a private teaching institute because he/she did not want to pay,” and “the Plaintiff would have retired from a private teaching institute by getting the students deducted from a private teaching institute” and “the Plaintiff would have removed from a private teaching institute by publicly pointing out false facts.”

B. Defendant B did not pay retirement allowances to the English instructors and Korean language instructors of the elementary school on October 2015, and Defendant B did not pay retirement allowances to the Korea Labor Agency.