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(영문) 서울서부지방법원 2019.04.25 2018가합31743
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the operator of the Gangseo-gu Seoul Western Private Teaching Institute (hereinafter “the instant private teaching institute”). The Defendants, as an instructor of the instant private teaching institute, took lectures of the scientific subject from November 2009, Defendant B, as an instructor of the instant private teaching institute, the English subject from July 7, 201, Defendant C, as well as the Korean language subject from January 201, 201.

B. Around December 2017, the Defendants retired from the position of “G Driving Schools” near the Republic of Korea.

C. The Plaintiff filed a complaint with an investigative agency against the Defendants for the crime of interference with business and violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “business secrets”). However, all of the Defendants were subject to a disposition of non-guilty suspicion.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 16, 17, 18, Gap evidence 7-1, 2, 3, Gap evidence 21-1, 2, Eul evidence 4, 9, and the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) The Defendants stated that the students of the instant private teaching institute “I am out of the facility of the instant private teaching institute, I am out of the school, I am out of the school, I am out of the school, and I am together with other private teaching institutes. I am out of the school,” and other instructors of the instant private teaching institute: “I am out of the school, I am out of the school, I am out of the school, I am back of the school, I am back of the school, I am back of the school, and I am to another private teaching institute, I am together with us. I am back of the school, I am with other instructors of the instant private teaching institute. I interfere with the Plaintiff’s private teaching institute’s operation of the Plaintiff’s private teaching institute; and the Defendants removed the list of the private teaching institute students

3) The Defendants suffered considerable property and mental damage due to the aforementioned tort. The Defendants are liable for damages to each of their respective plaintiffs. ① The amount equivalent to KRW 114,190,000, which is the monthly difference between the sales amount in 2017, which was before the Defendants committed a tort, and the sales amount in 2018 (one to September), and ② The amount equivalent to the premium of the instant driving school (annual expected profit of KRW 60,000,000, and other private teaching institutes.

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