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(영문) 서울고등법원 2015.01.30 2014나2034339
손해배상(기)
Text

All appeals filed by Plaintiffs and Defendant AR are dismissed.

Of the appeal costs, the plaintiffs and defendant school foundations AR.

Reasons

Basic Facts

The court's explanation on this part is identical to the entry of "1. Basic Facts" in the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Claim against Defendant AR

A. As to the determination of the claim for damages due to nonperformance, the Plaintiffs promised to have the Plaintiffs obtain the class 2 social welfare worker qualification when Defendant AR graduated from AS university while guiding the Plaintiffs to enter, the Plaintiffs are obligated to obtain the class 2 social welfare worker qualification.

The defendant AR asserts that the plaintiffs are liable for damages due to non-performance of obligation.

However, as recognized earlier, it is recognized that Defendant AR introduced or introduced a social welfare management and social welfare consultation division at AS university through entrance guide books or website, etc., but it is not sufficient to deem that there was a specific contract between the Plaintiffs and Defendant AR to allow the Plaintiffs to obtain a class 2 social welfare worker qualification certificate. This part of the Plaintiffs’ assertion is difficult to accept on the grounds that there is no other evidence to acknowledge it.

B. The Plaintiffs asserted that Defendant AR is liable for compensating the Plaintiffs for damages suffered by the Plaintiffs as employers of AS University President and President of AS University, etc., on the ground that the Plaintiffs were unable to obtain the certificate of class 2 social workers even after graduatinged from AS University because they failed to meet the number of classes required under the Higher Education Act due to the administration of the law school schedule by the President of AS University and President of the Department, etc.

Therefore, Article 11(1) of the Social Welfare Services Act, and Article 2(1) of the Enforcement Decree of the same Act.

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