(영문) 서울서부지방법원 2016.07.07 2015가단36948

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(영문) 서울서부지방법원 2016.07.07 2015가단36948

손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant agreed to resign from the office of Chigh School principal upon the plaintiff's concession to the principal of C High School principal of C High School and appointed the principal of C High School on September 1, 2009. Thus, on September 1, 201, the two years thereafter passed since he/she had to resign from the principal of C High School, in violation of the above agreement, 127,351,700 won (i.e., estimated income 76,411,018 won ± 12,20 months) which the plaintiff would have gained if he/she had been appointed as the principal of C High School principal, and thus, the defendant is liable to compensate the plaintiff for damages amounting to KRW 127,00,000 among them.

2. According to the evidence Nos. 2-1 and 2 of the judgment No. 2, the defendant prepared and submitted a written statement to the chairperson of the school juristic person D on May 29, 2009, stating, "If the defendant is appointed as the principal, he will complete a two-year term of office (if he is appointed as the principal, he will complete a two-year term of office regardless of the principal's term of office and retirement age specified in the articles of incorporation 43, regardless of the principal's term of office and retirement age specified in the articles of incorporation, and the plaintiff also submitted to the chairperson on the same day, "I will send the concession and support to the defendant and raise no objection in appointing the principal," but the above facts alone are insufficient to recognize that the defendant agreed to resign after working as the principal of the school, and there is no other evidence to acknowledge that the defendant agreed to resign after working as the principal of the school.

Even if there is no causation between the defendant's violation of the agreement and the plaintiff's loss occurrence, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

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