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(영문) 부산지방법원 2016.06.30 2016가합1383

손해배상(기)

Text

1. The Defendant’s KRW 5,470,00 for the Plaintiff and its related KRW 5% per annum from November 25, 2015 to June 30, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) The plaintiff's assertion 1) The defendant is obligated to pay consolation money according to unfair dismissal, since the defendant is a corporation operating clothes sales business and Internet shopping mall business in Geumcheon-gu in Busan Metropolitan City, and the plaintiff worked as the defendant's clothes sales advertising model from December 2, 2014 to April 2015. The defendant is obligated to pay to the plaintiff since he did not pay wages for March 2015 to the plaintiff. On April 2015, the defendant dismissed the plaintiff without justifiable cause and suffered mental distress to the plaintiff. In addition, the defendant used the plaintiff's photograph after the dismissal of the plaintiff to use the plaintiff's portrait rights to the plaintiff's portrait as advertising bulletin by the defendant or a third party, thereby infringing upon the plaintiff's portrait rights, and the defendant is not obligated to pay consolation money to the plaintiff.2) Since the defendant's assertion is not a voluntary dismissal of the plaintiff, and the defendant has no right to pay consolation money to the plaintiff at the time of the plaintiff's voluntary withdrawal from his office.

B. From December 2014 to April 2015, the Plaintiff served as the Defendant’s clothes sales advertising model, and the Defendant did not pay KRW 2,470,000 to the Plaintiff as wages of March and April 2015, since there is no dispute between the parties, the Defendant is liable to pay the Plaintiff the said KRW 2,470,000 and the delay damages.

C. The Plaintiff asserted that the Defendant, on April 2015, dismissed the Plaintiff without justifiable cause and caused mental distress to the Plaintiff, and thus, the Plaintiff is obligated to pay consolation money with compensation for mental damage suffered by the Plaintiff due to unfair dismissal. However, there is no evidence to acknowledge that the Defendant dismissed the Plaintiff, and there is no ground to believe that the Defendant dismissed the Plaintiff.