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(영문) 서울북부지방법원 2015.11.12 2014가단46768
손해배상
Text

1. The plaintiff's claim of this case is all dismissed.

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

Reasons

1. The gist of the cause of the Plaintiff’s claim (formerly: D) concluded an agreement with Defendant C to establish a lifelong education center for the training course for the sports education service business, and the said Defendant unilaterally reversed the agreement and filed a complaint against the Plaintiff, the representative of the Plaintiff, by fraud around August 2014, but E was subject to a disposition of non-guilty on October 31, 2014.

As such, even if Defendant C’s change of the above lifelong education center agreement is reversed, the above lifelong education center establishment agreement has been filed against E and its civil and criminal response has been taken place, and the Plaintiff Company failed to operate it properly for about 3 months, and the business loss equivalent to KRW 40 million has occurred, so the Defendants are jointly and severally liable to compensate for the damages suffered by the Plaintiff.

2. Facts of recognition;

A. The Plaintiff is an enterprise engaged in the operation of lifelong educational facilities, education consulting, establishment of an education center, development of courses, etc., and the Defendant worked as the chief inspector of the inspection center, and the Plaintiff want to establish a lifelong education center and provide counseling for E and sports education service training programs, which are the Plaintiff’s representative.

The defendant wanted to receive subsidies from the Ministry of Employment and Labor and to proceed with education, since the defendant has difficulty in providing other inspectors with educational expenses in operating the above counseling process.

B. On January 11, 2014, the Defendant concluded a contract for the establishment of a lifelong education center with the Plaintiff and paid KRW 3 million out of the consulting cost on February 27, 2014.

According to the above contract for the establishment of a lifelong education center, the Plaintiff conducts the establishment of a lifelong education center and the registration of a training institution in the Ministry of Labor, and the Defendant pays 3.5 million won to the Plaintiff at the consulting cost for the establishment of a lifelong education center, and cannot reverse or terminate the contract after concluding the contract, and may not demand the return of the down payment and other expenses paid under the contract.

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