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(영문) 서울중앙지방법원 2016.02.25 2014가단138538

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) shall:

A. On June 1, 2014, Defendant (Counterclaim Plaintiff) KRW 11,96,946 and KRW 11,882,446 among them.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operated a specialized driving school for middle-aged students (hereinafter “instant driving school”) in the name of “G” at the Gangnam-gu Seoul, Seoul, 3, and 4 level. The Defendants are those who worked as instructors of the said driving school.

B. The Plaintiff and the Defendants have caused conflicts due to the issue of payment of benefits from the end of 2011 to the beginning of 2012. Defendant B had worked in the instant private teaching institute until May 24, 2014, and the rest of the Defendants had worked until June 1, 2014, respectively, and did not work thereafter.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on the main claim

A. The Plaintiff’s assertion that the Plaintiff operated the instant private teaching institute with the Defendants. The Defendants’ assertion was past May 26, 2014 without prior consultation.

6.1. Once a person retires from a private teaching institute without permission, he/she will encourage existing students to attend the school without permission, and the person removed information, various data, and goods necessary for the operation of the private teaching institute.

As a result, the operation of the instant private teaching institute, which was organized and operated for two to three months, was completed, and the Plaintiff ultimately incurred damage on March 8, 2015, the Plaintiff. Accordingly, the Defendants are obligated to pay the Plaintiff the amount equivalent to the Plaintiff’s share out of KRW 190,987,308, which is necessary for the restoration of normal operation, as stated in the purport of the claim.

B. Until May 24, 2014, Defendant B served in the instant private teaching institute until June 1, 2014, and the remaining Defendants did not work thereafter. As seen earlier, the fact that the students who participated in the business of the Defendants in the instant private teaching institute were to move to the private teaching institute according to the Defendants is without dispute between the parties.

However, the following circumstances, i.e., the parties to a dispute or the overall purport of the statements and arguments in Section B 3-1, 2, 5-1, 2, and 7: