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(영문) 서울북부지방법원 2016.11.08 2015가단17453
손해배상(기)등
Text

1. Defendant (Counterclaim Plaintiff) D: (a) Plaintiff (Counterclaim Defendant) KRW 2,325,950; and (b) from June 17, 2015 to November 8, 2016.

Reasons

1. Basic facts

A. Defendant C entered into a contract to attract students of the Republic of Korea with the Spanishage club, and Defendant D is a person who manages and supervises the Korean stable students recruited by Defendant C in the Spanish site to study in the Republic of Korea as Spain, and E is the father of the Plaintiffs.

B. On April 4, 2011, Defendant C and E, who had raised the Plaintiffs after divorce, concluded a contract with Defendant C to send the remainder after deducting their fees, to the said club upon paying the Plaintiffs’ Spanish small club study expenses each month.

C. Around May 201, the Plaintiffs left the Republic of Korea as Spanish, and began to live in the country at the accommodation located in the Spanish Republic of Korea, approximately 30 students, and the Spanish Republic of Korea. On September 15, 2012 and September 16, 2012, Defendant D entered Korea on September 18, 2012, when a assault incident occurred between Plaintiff A and Defendant D, and the Plaintiffs entered Korea on September 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 10 through 12, Eul evidence 9 (including provisional number), the purport of the whole pleadings

2. Determination as to the main claim (including the plaintiff B's claim)

A. The Defendants asserted that the Defendants jointly or jointly engaged in study in the Spanish field in relation to the employers and employees, and Defendant D, who is in charge of the management and supervision of Korean students abroad, should faithfully protect and manage the Plaintiffs, who are Korean students abroad, and have them completed their study life well-being by supervising them. However, on September 15, 2012 and September 16, 2012, Plaintiff A committed several assaults to Plaintiff A, thereby causing bodily harm, such as pacifism, pacifism, pacific salt, etc., and thereby resulting in the Plaintiffs’ suspension of study and return to Korea. Accordingly, the Defendants jointly committed the aforementioned tort or nonperformance, and thus, the Defendants sustained damages equivalent to the expenses incurred by the Plaintiffs (61,422,740 won, 61,42,740 won (the Plaintiffs’ losses) in proportion to the expenses incurred by the Plaintiffs due to the said tort or nonperformance of obligation.

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