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(영문) 울산지방법원 2021.01.28 2019나16031
손해배상(기)
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

The total cost of the lawsuit is F. F. the representative of the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. After being appointed as the Plaintiff’s teacher, the Defendants violated the duties of teachers and staff and committed acts that are difficult to understand in the ordinary common sense, thereby making the Plaintiff unable to operate normally.

B. Specifically, on March 26, 2010 due to negligence in managing original students, Defendant B used electronic records of the Plaintiff’s electronic document, and electronic records of the Plaintiff’s writing on March 26, 2010, that a kindergarten student caused a toilet door, etc.; on March 31, 2010; on June 7, 2010 and July 5, 2010, when a kindergarten student’s scam or scam with scam, respectively; on July 26, 2010, Defendant B used the scambling of the Plaintiff’s electronic document and scambling of the Plaintiff’s electronic document; ② Defendant C, on April 2, 2011, sent the scambling part, such as the left-hand part of the bar; and ④ Defendant C sent the scambling part to the Plaintiff’s office without permission on the 18th of 20th of 10th of 2018.

(c)

The Plaintiff’s kindergarten, which was assessed as an excellent kindergarten in 2008 due to these acts by the Defendants, had a great damage to the Plaintiff’s kindergarten students due to various accidents, resignations without permission, and difficulties in seeking substitute teachers. Accordingly, the Plaintiff had no choice but to operate the operating fund from F, a representative of the Plaintiff. The Plaintiff’s operating fund borrowed from F reaches KRW 98,772,00.

(d)

Since the damages suffered by the Plaintiff due to the Plaintiff’s nonperformance of contractual obligations under Defendant B, D, and E are equivalent to KRW 98,772,00,000 for the loan that the Plaintiff owes to F, the said Defendants are jointly obligated to compensate the Plaintiff for the said damages. Meanwhile, in the case of Defendant C, the Plaintiff is subject to false industrial accident report.

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