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(영문) 서울중앙지방법원 2019.11.22 2019나19466
학자금 청구의 소
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Quotation of the first instance judgment

A. The grounds for appeal by the plaintiffs are as follows by this court: (a) the labor union violated the procedural rights of the union members including the plaintiffs, and thereby committed a tort without a general meeting resolution; and (b) in the process, the defendants abetted or aided the above illegal acts under the labor union while they knew the non-existence of the general meeting resolution or knew with gross negligence, and thus, even if considering the argument that the defendants are liable to compensate for property damage equivalent to the amount of educational expense subsidies suffered by the plaintiffs as joint tortfeasor, it is not significantly different from the argument in the first instance court; and (b) even if the evidence submitted in the first instance court is the evidence submitted in the first instance court and the evidence submitted in this court was presented additionally to the court, the fact finding

B. Accordingly, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the addition of "one hundred and sixty million won," respectively, to "one million won as part of the damages for property equivalent to the amount of school expense subsidies," and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the judgment of the first instance, which dismissed all of the plaintiffs' claims against the defendants, is justifiable. Accordingly, the plaintiffs' appeal against the defendants is dismissed as all of the grounds for appeal. It is so decided as per Disposition.

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