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(영문) 부산고등법원(창원) 2016.11.10 2016나22885
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

The reasoning of the judgment of the first instance is reasonable, and this is also the same in addition to the evidence submitted by the first instance court, the statement of evidence No. 24 to 27 submitted in the trial.

Therefore, according to the main text of Article 420 of the Civil Procedure Act, the reasoning of the judgment of the court of first instance is cited as the reason of this judgment, and below added the judgment as to the plaintiff's assertion repeated or added in the trial.

The plaintiff accepted the status of purchaser under the real estate sales contract between G and the defendant B, and the defendant agreed that "if the plaintiff, other than KRW 990 million, which was paid to G, paid to the plaintiff in addition to KRW 200 million, the plaintiff will appoint the plaintiff's personnel as a D Open Director with D's acceptance, the plaintiff will proceed with the loan procedure concerning the real estate of this case, and employ the plaintiff as a Fhigh School social teacher." Accordingly, although the plaintiff paid KRW 200 million to the defendants, the defendants did not properly implement the agreement of this case, and therefore, the defendants asserted that the plaintiff is liable to compensate the plaintiff for damages due to default.

In full view of the statement and the purport of the entire argument as to No. 6, the Plaintiff requested Defendant C to employ himself as a regular teacher, and the fact that Defendant C made an agreement with the Plaintiff to appoint the Plaintiff as a director and to appoint the Plaintiff as a regular teacher (hereinafter “instant agreement”).

However, according to the laws and regulations related to the Private School Act, the employment of regular teachers should be conducted after submitting a public notice of the employment of teachers, as argued by the plaintiff, through legitimate evaluation of the applicants.

The foregoing arrangement between the Plaintiff and the Defendants that the Plaintiff would employ the Plaintiff as a regular teacher refers to that the Plaintiff would be subject to the public announcement of the recruitment of teachers, the receipt, evaluation, and employment procedures in the form of a pre-employment of the Plaintiff in D.

These arrangements, if any, are different.

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