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(영문) 춘천지방법원영월지원 2016.04.28 2015가합2234
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the principal of CF middle school (hereinafter “CF”) operated by a school juristic person B (hereinafter “B”) from March 1, 201 to December 9, 2014, and the person who served as the principal of the said middle school from December 10, 2014 to March 1, 2015.

B. Around December 2, 2010, the president D was convicted of having received 20 million won from the Plaintiff in exchange for an illegal solicitation to appoint a principal of CB, and the said judgment became final and conclusive (this Court Decision 2012Da527, Chuncheon District Court 2013No368, Supreme Court 2013Do1735, Chuncheon District Court 2014No566, Dec. 23, 2014), and the Plaintiff was sentenced to a suspension of indictment on the grounds that: (a) the Plaintiff issued D with an illegal solicitation and issued KRW 20 million to D on December 23, 2014.

C. Around July 31, 2014, the Defendant instructed the Plaintiff to dismiss the Plaintiff from the position of the principal by August 31, 2014, on the ground that the Plaintiff had the same interest as that of the said B in the process of appointing the principal of the CF in 2011, and notified the Defendant that the Defendant will suspend payment from September 1, 2014, of the Plaintiff’s personnel expenses out of the financial defective subsidies that the Defendant paid to B.

B around August 28, 2014, since the Plaintiff’s payment to D to D is a loan, it reported that personnel measures for the dismissal of assignment should be suspended on the ground that it is improper.

E. From September 1, 2014, the Plaintiff suspended the full amount of the financial defective subsidy corresponding to the Plaintiff’s personnel expenses to B.

F. On December 10, 2014, B dismissed the Plaintiff from the position of CB principal at the position of CB principal, but on February 10, 2015, B again appointed the Plaintiff as CB principal.

G. On February 24, 2015, the Defendant issued a personnel order to return the Plaintiff to CB as the principal of CF, and would not pay a financial defective subsidy corresponding to the Plaintiff’s personnel expenses if he/she did not comply therewith.

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