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(영문) 창원지방법원 2017.11.23 2016가합53442
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter referred to as the “Plaintiff Company”) operates a private teaching institute for elementary school students, middle school students, etc. (hereinafter referred to as “A”) under the trade name “A” in the Seocho-gu Seoul Special Metropolitan City. The Plaintiff Company B is the representative director of the Plaintiff Company.

B. From July 6, 2009 to November 19, 2015, Defendant C served as the principal of school affairs and scientific teachers in A, and Defendant D served as a principal of school education teacher from December 23, 2013 to November 17, 2015.

C. Meanwhile, around December 14, 2015, E who worked as the head of the department and team in A from November 2014 to October 2015, around December 14, 2015, established a private teaching institute for elementary school students, middle school students, etc. (hereinafter “F private teaching institute”) under the trade name “F private teaching institute” in A. The Defendants began to work at F teaching institute from around December 2015 after retirement from A, and approximately 30 students, among the students enrolled in A, retired from A, moved to F teaching institute after leaving the private teaching institute.

Defendant C has served in the F Institute until now, and Defendant D retired from F Institute around May 27, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 7, 12 evidence, Eul's 2 through 6 (including each number), Eul's witness E's testimony, and the purport of the whole pleadings

2. The plaintiff company's assertion and judgment thereon

A. Plaintiff Company’s assertion 1) Claim for damages arising from interference with business: (a) although the Defendants were prohibited from doing harm to students’ extracurricular while serving in A, they either cause harm to individuals or arrange them to do so (hereinafter “act”).

2) In the absence of personal guidance to students who are not responsible for them, 2. In the absence of personal guidance, students in charge of personal guidance or consultation with teachers and teachers in charge were obstructed (hereinafter “B act”).

(3) Before retirement from A, students and parents of A shall establish their driving schools.

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