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(영문) 창원지방법원 2020.06.11 2019나61318
손해배상(국)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why this part of the facts of recognition and relevant laws and regulations are stated are as follows: (a) the reason why this part of this part is stated is that the “witness” of the judgment of the first instance is removed from the “witness of the first instance” to the “witness of the first instance,” and (b) the reasoning of the judgment is the same as that of the first instance judgment, except for adding the “the first instance court” in the front of the “Seoul-do Office of Education” of Education in the same four parallels

2. The purport of the Plaintiff’s assertion was that the Plaintiff, who operated a private teaching institute that is a curriculum of a private teaching institute for lifelong education or vocational training, tried to add an adult publication (licensed real estate agent course) which is a curriculum of a private teaching institute for lifelong education or vocational training, different from the type of a private teaching institute. Thus, the public officials belonging to the Defendant should have rejected the above application in accordance with the relevant provisions, such as the Private Teaching Institutes Act, but the Defendant accepted the application for the modification of the instant case by erroneously examining the relevant provisions, and thereafter the Plaintiff

Therefore, pursuant to Article 2(1) of the State Compensation Act, the Defendant is obligated to compensate the Plaintiff for business damage amounting to KRW 25,065,920 based on the closure of KRW 8,451,00,00 for the total amount of damages incurred by the Plaintiff due to the establishment, suspension, etc. of an adult public notice teaching course (= KRW 10,90,900 for indoor interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior 4,935,90 for advertising expenses of KRW 8,451,900 for business damage amounting to KRW 15,056,920 for the tuition refund of KRW 10,66,920 for the tuition refund of KRW 28,603,00 for the tuition fees of KRW 28,860,00 for the tuition fees and KRW 5,898,150 for teaching materials).

3. Determination

A. According to the evidence Nos. 2 and 31 of the above, two kinds of private teaching institutes (it is not allowed to make concurrent registration of private teaching institutes for school curriculum and private teaching institutes for lifelong education or vocational training) with respect to private teaching institutes operated as one facility in accordance with the administrative interpretation of the Ministry of Education, Science and Technology, and G, H, and I who are public officials belonging to the Defendant.

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