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(영문) 서울북부지방법원 2015.09.23 2014가합6293
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 18, 2013, the Plaintiff acquired the right to operate the pertinent childcare center and its entire facilities from C in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant childcare center”) at KRW 70 million. On December 21, 2013, the Plaintiff leased the instant childcare center from F as KRW 60,000,000,000,000,000 for lease deposit, monthly rent, and from January 1, 2014 to 36 months, and operated the said childcare center from January 1, 2014.

B. In the instant childcare center, teachers were operating the instant app (hereinafter referred to as “the instant app”) called “G” to publicly notify parents of child-care center events or to deliver recommendations to teachers. However, on December 31, 2013, C knew on the transfer of childcare center operating rights through the said app to the said childcare center parents including the Defendant.

C. The Plaintiff and C, from January 2, 2014 to January 14:00, 201, held a meeting related to the transfer of child care centers to the above child care center parents. D.

From 10:38 to 17:00 on January 2, 2014, the Defendant entered the same horses as the attached list in the group hosting room among the instant apps.

E. At the time of January 2, 2014, some of the children admitted to the instant childcare center were 29 children, but on January 2, 2014, some of the parents including the Defendant applied for discharge from the said childcare center to the Plaintiff on January 2, 2014, but filed a civil petition with the competent Gu office that the Plaintiff would not be subject to such discharge from the said childcare center on the same day. On January 3, 2014, the employees in charge of the said Gu office filed a civil petition against the Plaintiff that the Plaintiff would not be subject to such discharge from the childcare center. On December 31, 2014, the pertinent children of the said 26 parents including the Defendant et al. (hereinafter “Defendant et al.”) were treated retroactively as the instant childcare center on December 31, 2013.

F. The Plaintiff on July 4, 2014

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