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(영문) 서울중앙지방법원 2018.04.19 2017나57488
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The Plaintiff’s assertion is operating a English private teaching institute with the trade name “D Private Teaching Institutes” in the building of the Young-si Ku-si C commercial building (hereinafter “instant commercial building”). The Defendant is operating a private teaching institute in the instant commercial building with the trade name “E private teaching institute”.

However, around May 2016, the Defendant stated to the merchants, etc. of the instant commercial building that “the Plaintiff has no master’s degree or master’s degree from computerized department, and has committed fraud as if the Plaintiff had no career as university professors.” ② around October 2016, the Defendant stated that “the Plaintiff’s students of the private teaching institute operated by the Defendant stated that “the Plaintiff is driving a private teaching institute without actual ability,” and ③ the said parents stated that “the Plaintiff was driving a private teaching institute as the Plaintiff would go to go back to the Plaintiff’s house,” and (iv) around November 2016, the Defendant spreaded false facts to the parents of the private teaching institute operated by the Plaintiff, such as “the Plaintiff would go to go to a private teaching institute with no moral defect and practical ability,” and that “the Plaintiff would go to go to a private teaching institute by attaching the Plaintiff’s Chewing or attaching the contents “D” to the Plaintiff’s private teaching institute.

Therefore, the Plaintiff damages the Plaintiff’s honor by continuously making an examination of the Plaintiff and spreading false facts as above, and obstructed the operation of a private teaching institute, thereby seeking compensation for emotional distress inflicted upon the Plaintiff, which is KRW 5 million against the Defendant and damages for delay.

2. The Defendant asserted that since the Plaintiff filed the instant lawsuit with the intent to obstruct the operation of the Defendant’s private teaching institute, it should be dismissed as it abused the right of action. However, the instant lawsuit is instituted only by the evidence submitted by the Defendant.

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