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(영문) 서울고등법원 2016.06.02 2015나2068636
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. Due to the instant accident caused by the negligence of the Defendant’s employee B’s employee B, the Plaintiff was unable to make an Internet lecture in preparation for the College Ability Test in 2015, since 310 of 324 copies of the video files from the Defendant’s server was deleted.

Accordingly, the plaintiff suffered mental damage resulting from damage to the credibility and reputation of instructors who have known of Internet names for 121,60,60,000 won in total, 51,458,904 won in the production of the above video files, 48,056,30 won in the production of the teaching material, 34,020,280 won in the production of the teaching material, 34,735,395 won in total, and 59,870,939 won in the amount of sales expected to have been 34,735,95 won in the production of the above video files.

Therefore, the Plaintiff filed a claim against the Defendant for the payment of KRW 100,001,00 and damages for delay, including KRW 20,000,000, which are part of the above property losses, and KRW 20,000,000, which are part of the above property losses.

B. In light of the above facts and evidence Nos. 3, 4, and 1 and 3, the following circumstances known by the Defendant, namely, according to the service contract (Evidence No. 1) of this case, the starting date of the service provided by the Defendant pursuant to the service contract of this case shall be determined through consultation with the Plaintiff, and the starting date of the service shall be determined within two months after the above contract was concluded, and the starting date of the service shall be determined within the period of two months after the above contract was entered into the Defendant’s server (Article 2), and the service contract of this case shall be determined on the basis of the date on which the Defendant’s server could be used (Article 2), and the contract of this case shall be concluded between the Plaintiff and the Defendant for the commencement

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