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(영문) 서울동부지방법원 2013.11.13 2011나3505

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's main defense

A. The defendant's assertion filed a lawsuit against C Bank and its officers and employees more than 30 times on the premise that the employment contract of this case was without a fixed period of time, but all of the judgment that the employment contract of this case was judged to be a contract with a fixed period of time and was ruled to be lost, the plaintiff continues to make arguments contrary to the above decisions and repeatedly files the same lawsuit against C Bank, its officers and employees, and attorneys who were their attorneys. The lawsuit of this case constitutes abuse of power by litigation to that effect.

B. On the premise that the judgment of the court that the employment contract between the plaintiff and Cbank was terminated on July 1, 2002 at the expiration of the contract term is unfair, the fact that C Bank and its officers and employees are leading to several times of litigation is identical to the above basic facts. In light of the above facts, there is room to view that the plaintiff's filing of the lawsuit in this case against the defendant, who is an officer and employee of C Bank, constitutes abuse of right of action.

However, the Plaintiff’s assertion in the instant case is not only the content and validity of the instant employment contract, but also the Defendant neglected to notify and explain at the time of renewal of the employment contract as of July 1, 200, cooperation in judicial interference with the Plaintiff and C Bank, etc., which was somewhat different from the other cases before the Plaintiff appeared as a witness of the lawsuit between the Plaintiff and C Bank, and there was no fact that the Plaintiff previously filed a lawsuit against the Defendant, deeming the Plaintiff’s filing of the instant lawsuit against the Defendant constitutes abuse of the right of action.