logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.15 2017가단5112839
손해배상(기)
Text

1. The plaintiff's primary claim and the first and second conjunctive claim are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff established a juristic person by paying to the Defendant a capital of KRW 30 million for the establishment of a corporate corporation C, which is necessary for the establishment of a private teaching institute to be practically operated by the Plaintiff, but the permission for the establishment of a foreign teaching institute applied in the name of the said juristic person was denied.

Accordingly, the Plaintiff borrowed the Defendant’s name and obtained permission to establish a fish driving school, and the above KRW 30 million and the additional KRW 10 million paid by the Plaintiff to the Defendant was used as the cost of establishing a fish driving school.

After that, the Plaintiff received tuition fees of KRW 1,551,942,462 from parents in the account in the name of the Defendant, and the Defendant transferred the same to another account without paying it to the Plaintiff.

B. Contents 1) The primary claimant’s primary claim: (a) the Defendant deprived of the Plaintiff’s right to operate a fish driving school by threatening or slandering the Plaintiff; and (b) the Plaintiff incurred damages from demotioning KRW 1,551,942,462, which was kept in the account under the Defendant’s name; and (c) the Defendant is obligated to pay the said money and damages for delay. The Plaintiff is obligated to partially claim KRW 40 million out of the principal amount. (b) The primary claimant, as the principal agent of the fish driving school, has terminated the entrustment and employment contract with the Defendant. As such, the Defendant, who is the mandatory, is obligated to deliver KRW 1,51,942,462, which is money received due to the management of delegated affairs pursuant to Article 684 of the

The plaintiff shall only claim KRW 40 million among the above principal amount.

3 The 2nd preliminary claim paid 40 million won to the Defendant for the establishment of a fish driving school, but the operation of a fish driving school was suspended due to the Defendant's reading and strike.

Accordingly, the loss of failure to recover KRW 40 million from the initial investment that was illegally transferred to the defendant or that could have been recovered by the plaintiff while operating the fish farming institute was caused by the plaintiff. This is a tort.

arrow