손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s basic facts were on duty in C operated by the Defendant from around January 2009, and entered into a labor contract with the Defendant on January 5, 201 by setting the contract term as until January 4, 2016 (hereinafter “instant labor contract”). The fact that the Plaintiff had worked in the said company until June 2014 does not conflict between the parties, or is recognized by comprehensively taking account of the overall purport of the pleadings as set forth in the evidence No. 3.
2. Determination
A. The Plaintiff asserted that the Defendant unfairly dismissed the Plaintiff on June 31, 2014, the Plaintiff asserted that the Defendant claimed KRW 58,00,00,000 among KRW 58,092,914, totaling KRW 50,854,998 and bonuses up to December 2015, totaling KRW 4,237,916 and KRW 3,00,000,000, and damages for delay.
B. It is not sufficient to acknowledge that the Defendant dismissed the Plaintiff solely on the basis of the statement of No. 1 and No. 1, and there is no other evidence to prove otherwise.
Rather, in full view of the following circumstances, it is reasonable to deem that the Plaintiff and the Defendant terminated the instant employment contract by taking into account the following circumstances, which are acknowledged as comprehensively taking into account the written evidence Nos. 1, 1, 2, 2-1, 2-1, and 10.
Therefore, on a different premise, the claim of the Plaintiff of this case cannot be accepted without examining the remainder of the claims.
① On June 23, 2014, the Plaintiff directly prepared a written agreement on the payment of loans and closed benefits, and demanded the Defendant to sign it. The Defendant signed the said written agreement and issued a promissory note with a face value of KRW 75 million notarized.
The above agreement provides that "the plaintiff shall repay the balance of KRW 75 million out of KRW 100 million loaned to the defendant on April 9, 2010 to December 23, 2015," and "C is faced with financial difficulties at present, and the plaintiff is recommended to recommend the defendant to hold a recommendation. Accordingly, the defendant is every month from July 2014 to December 2015, including interest on the wages, assets, and loans so far.