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The School VS. the Engineering School Cafe Litigation Case!
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  • 등록 2017-09-14 16:33:42
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 The legal action between our school and the cafe in the Department of Engineering building has proceeded since June 12, 2017. The school and a cafe called Grazie had a legal dispute from 2012 to August, 2015, and now there is a second conflict between the school and a cafe on the school grounds. Students know a little about these lawsuits but do not know about the exact affair. Therefore, the Pharos went out to collect information directly about the positions of the school and the cafe to notify students about the situation.

 

     

Q. What caused the first conflict between the school and the  engineering school cafe?

 

    

School 

 

In 2012, the engineering college cafe came in through an outside company called Grazie. After that, Grazie tried to sell the store to a resident through a resale, but it was discovered that the school had tried to cancel the contract and filed a lawsuit in the process, but the

 

school lost. This is because, according to the lease protection law (tenant protection), even if a contract is violated, it can remain in force for five years. The first lawsuit proceeded from 2012, and though the first case was won by the school, the second case was lost. The school does not know whether the cafe president did not know the private operation of the store was illegal. However, after five years (as

 

of February 28, 2017), the school told the engineering cafe owner that he must close down his business. Then the cafe president insisted that he get 120 million won in compensation. In the case of the cafe in the General Lecture Building, when the contract was over and the president left the building. Therefore, the school had no choice but to enforce the law in accordance with the law. Also, a new cafe president has been selected, and if the old owner does not leave, the new president may claim damages from the school. Therefore, the school has filed a lawsuit.

         

Cafe 

 

 I borrowed the name of a company called Grazie and started a cafe business on campus. Although the contract was made with the promise of direct management at first, Grazie resold it as a franchise in the school. The school judged this to be illegal and filed a lawsuit. In the trial that continued from 2012 to August 2015, the school won the first round but Grazie won the second round. Since the legal battle destroyed the relationship between the school and Grazie, the engineering cafe contract was taken from Grazie. However, I was not the cause of the conflict. Thus, I had no conflict with Grazie at that time or with the school. In other words, there was only a bad relationship between Grazie and the school. At that time, when the situation of the school was difficult and I paid compensation out of gratitude, the school promised to renew the contract later. After the five-year contract between the school and the cafe ended on February 27, 2017, the school put the cafe contract up for bid instead of extending the contract. A new person offered a high price for the contract, and the school asked me to go out. I had said that I wanted to receive 120 million won for previous damages, but the school responded that it was not possible because there was no evidence to justify paying compensation and changed the person in charge. In response, I refused to leave and the school filed a lawsuit.

        

 

Q. Please tell us about the cutting off of the water at the engineering cafe.

 

 

School 

 

 I told him I could have done it because he broke the contract, but I did not do it. In other words, I was just saying that if you do not go out, I may cut off the electricity and water. However, I only suggested it was possible as an action against his violation of law.  

 

Cafe 

 

 It was not during the course of the lawsuit. However, after the school told me that I had to go out, the school electrical team visited to me to investigate the details of the case. When I said that it was illegal without the permission of the court, the electric team left without taking any action.

 

 

Q. What's the reason for launching a lawsuit, not solving the conflicts internally?

 

 

Cafe 

 

 I determined to leave if the school gave my money paid by  proxy back. However, the school said there was no provision about  support for leaving in the previous contract, and refused to give my  money back. There are definite differences in each sides' stances and  

the school took legal action. It's the reason why.

            

Q. What do you think about this situation?

        

School 

 

 We do not have a negative opinion of the owner of the cafe. The school and cafe are taking legal action just because we have clearly different opinions. The school conducts business legally, so we feel victimized when people think we overuse our power.

          

Cafe

 

 If an educational institution which emphasizes students' learning overuses its power, what should students learn from the school? If happenings like this continue in the future, no one will help the school when it gets in trouble. I feel sorry for their attitude. They are taking an opposing view because of money.  

 

Q. Tell us about your way of solving this problem.

 

 

School 

 

Every process involving the lawsuit in the future is uncertain. We do not want this incident to be written about in public forums.

         

Cafe 

 

Now, we are keeping in touch with the Joong-ang newspaper. Many students including the student union of the engineering department are trying to help me by gathering signatures. I'm waiting for the court's call to begin the trial. I will leave if the school gives my money back.

        

 

 Based on the interview done by the Pharos, the real starting point of legal action between them has begun. Conflicts between the school and cafe have been going on for a long time, but the stances of each sides are so rigid. It seems their legal battle will not be resolved easily.

 

 

 

 

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