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(영문) 창원지방법원 2017.07.13 2016가합851

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,00,000 and 5% per annum from September 10, 2013 to July 13, 2017.

Reasons

1. Facts without dispute;

A. Defendant B, C, D, E, F, G, H, and I are union members of the Gyeongnam Branch of the Defendant National Metal Trade Union (hereinafter “Defendant Trade Union”)

(hereinafter referred to as the Defendants, who are executive officers of Trade Union and Labor Relations Adjustment Board (hereinafter referred to as the “Defendant Trade Union and Labor Relations Mediation Board”).

Defendant Trade Union and Labor Relations Commission (hereinafter referred to as the “J”) went into effect in 2013, and continued to engage in a strike from July 06, 2013 to January 2014, 2014, following pro-con voting on July 04, 2013 and on January 05, 2013.

C. On September 9, 2013, J laid down a prefabricated in K operated by the Plaintiff.

2. The Plaintiff’s assertion that Defendant Trade Union members interfered with the Plaintiff’s business for six months from around 13:10 on September 10, 2013, thereby causing loss of KRW 252,560,00 to the Plaintiff. The Plaintiff jointly inflicted injury on the Plaintiff on September 10, 2013, which incurred KRW 11,557,641 from September 10, 2013 to November 7, 2013, and thereby, the Plaintiff’s emotional distress occurred. As such, the Defendants seek payment of KRW 334,117,641 in total, the amount of the above property damage and the solatium amount of KRW 70,00,00.

3. Determination on the occurrence of liability for damages

A. According to the statements in the evidence No. 1, No. 2, No. 10 and No. 1, No. 20:40 of Sept. 10, 2013 and No. 20:40 of Sep. 10, 2013, Defendant Trade Union members shall prevent K from operating on the grounds that it is not possible to recognize the lower office during the dispute period. Defendant Trade Union members shall not engage in the operation of K on the grounds that: (a) around 13:10 of Sept. 10, 2013 and over 20:40 of Sept. 10, 2013; (b) humping and verbal abuse to the Plaintiff and its employees; (c) humping the Plaintiff, humping the bale, humping or raising the balle; and (d) prevented them from entering the Plaintiff’s workplace; and (d) interfere with the Plaintiff’s business by doing so in the form of production or violence of the Defendant.