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(영문) 서울중앙지방법원 2019.04.11 2018나52671

사기

Text

1. The plaintiff's appeal and the appellate court's additional claims are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The defendant is an in-house director who is the representative of C Co., Ltd. (hereinafter “in-house director”).

B. On October 19, 2015, the Plaintiff joined the non-party company and worked at the Daegu City, and was ordered to move to the Ulsan breakwater site on November 30, 2015.

Accordingly, the plaintiff filed a request for unfair dismissal against the non-party company to the Gyeongbuk Regional Labor Relations Commission.

C. On January 18, 2016, the Plaintiff terminated a labor relationship with a non-party company and a labor relationship as of February 15, 2016, but agreed to settle the wages up to the end of the contract until March 10, 2016, and then withdrawn the application for remedy against unfair dismissal.

On March 10, 2016, Nonparty Company paid KRW 2,030,700 to the Plaintiff as the wage settlement amount.

The plaintiff filed a lawsuit against the non-party company claiming punitive damages based on unpaid wages, holiday work allowances, and deception, but such lawsuit was finalized on October 12, 2017 as the plaintiff's loss.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. On the other hand, the Plaintiff asserts that the Defendant, the representative of the non-party company, deceivings the Plaintiff by preparing an unfair transfer order and a written agreement, etc., and that the Plaintiff suffered losses due to that failure to receive wages, etc., and sought compensation for damages and damages for delay.

However, since the evidence presented by the plaintiff alone is insufficient to recognize the defendant's deception, the plaintiff's claim should be dismissed as it cannot be accepted.

3. If so, the judgment of the court of first instance with the same conclusion is justifiable. Thus, the plaintiff's appeal and the appeal court's additional claim for delay damages cannot be accepted, and all of them are dismissed.