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(영문) 서울중앙지방법원 2016.08.25 2015나52038
위약금 및 손해배상
Text

1. Of the part against Defendant Incorporated Foundation B and C in the judgment of the court of first instance, the following amount of money ordered to be paid:

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a company established for the purpose of the operation of lifelong educational facilities, the operation of a fish driving school, and the fishery training. 2) On December 20, 2011, the Defendant Incorporated Foundation B concluded a loan agreement with the head of the District Education Office of Jeju District, under which the Plaintiff would use the school site and building in Jeju City I (hereinafter “instant school building”) for three years from January 1, 2012 and pay the rent to 8,530,670 for one year. The Plaintiff established the J Education Center at which he/she was located and delegated the operation of the said Education Center to Defendant C.

3) Defendant D, E, and F are public officials working at the Office of Education at Jeju-si Office of Education. B. In order to operate the English camp around July 2013, the Plaintiff entered into a contract with Defendant Incorporated Foundation B, and with part of the first floor class, teachers’ office, outdoor toilets, auditoriums, and restaurants, etc. among the instant school buildings, without compensation, at the place of three weeks English camp. In consideration of the payment of rent by Defendant Incorporated Foundation B, the Plaintiff shall bear expenses, such as construction cost, etc. (hereinafter “instant contract”).

AB concluded the agreement.

C. After that, for the operation of the English camp during the summer period, the Plaintiff completed the construction of the facility by requesting the construction of the electric wires to Nonparty N, a construction business operator, by August 6, 2013, by newly connecting the electric wires and installing four air conditioners.

7. The English camp commenced. D.

On the other hand, on August 7, 2013, Defendant D, E, and F confirmed that the U.S. English camp is being operated in the instant school building, and on the same day, notified Defendant Incorporated Foundation B of the act of providing the instant school building to the English camp place as the sublease of the leased property, which constitutes a ground for termination of the loan contract. On August 8, 2013, Defendant D, E, and F requested Plaintiff M’s representative M to leave the English camp as illegal.

E. Defendant C is a school of this case on August 9, 2013.

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