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(영문) 인천지방법원 2015.09.18 2015나3747

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. From November 6, 2012 to February 24, 2013, F and G filed a petition with the Ministry of Labor No. 7477 and No. 7488, on the ground that (i) the Plaintiff was employed by the Plaintiff and provided work at the H “H” restaurant operated by the Plaintiff, but (ii) each was not paid KRW 528,90.

B. Defendant B investigated the said case as at the time as a labor inspector belonging to the Ministry of Employment and Labor of the Central District Office, and on April 4, 2013, the head of the Central District Employment and Labor Office of Jungcheon District Office issued to F the confirmation source of the overdue money and valuables stated by Defendant B, as the confirmation source, to the effect that “the Plaintiff worked from November 6, 2012 to February 24, 2013, and up to February 2013, the sum of KRW 1,057,800, in total, of KRW 528,900, in the amount of wages of F and G, retired from office.”

C. On April 16, 2013, F and G filed a lawsuit against the Plaintiff for the claim of KRW 528,900 as the Incheon District Court Branch of the Incheon District Court Decision 2013Gau Kimpo-si8975, respectively. At that time, Defendant C was an attorney-at-law belonging to the Korea Legal Aid Corporation, and Defendant D and E, as a public-service advocate belonging to the Ministry of Justice, who was dispatched to the Korea Legal Aid Corporation and was in charge of the litigation affairs, was delegated by F and G, the Plaintiffs of the said lawsuit, as a public-service advocate belonging to the Ministry of Justice.

The above Incheon District Court Decision 2013Gau8975 case was rendered on July 17, 2013 by the F and G winning judgment, and the above judgment became final and conclusive around that time. Meanwhile, the Plaintiff was prosecuted for violating the Labor Standards Act on the grounds of unpaid payment of wages during the above-mentioned period, and was sentenced to a judgment of conviction of KRW 300,000 on May 15, 2014, which was sentenced to a fine of KRW 200,000 as the Busan District Court Branch Branch Decision 2013Ma2184, May 15, 2014. After the dismissal of the appeal, the above judgment of conviction became final and conclusive at that time.

[Ground of recognition] Evidence Nos. 3, 9, 16-1, 2-2, and the purport of the whole pleadings

2. The argument and judgment.

참조조문