손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 19, 2016, the Defendant concluded an employment contract with the Plaintiff established on May 17, 2016 for the purpose of gas facility construction business, etc., which provides the Plaintiff with all business related to urban gas construction, including the execution management and construction documents, preparation of construction documents, excavation supervision, and preparation and business activities, etc. in the planned area for new supply (hereinafter “employment contract of this case”). The Defendant concluded an employment contract with the Plaintiff, setting the employment period from May 19, 2016 to May 18, 2017.
C. On June 21, 2016, the Defendant: (a) around June 21, 2016, issued a resignation letter on the Plaintiff’s representative director’s book; and (b) did not work
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 6, Eul evidence 1-1 and Eul evidence 2, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the contract period of the employment of this case was not terminated without permission, was reduced to KRW 24,800,000, and KRW 5,000,00,000 due to credit damage caused by the plaintiff's failure to hire construction experts from time to time due to the defendant's retirement from the defendant's contract period. Thus, the defendant is liable to compensate the plaintiff for the above damages.
B. 1) Even if there is an employment period agreement, each party may terminate the contract if there is an inevitable reason, but if the reason is attributable to the fault of one of the parties, the party shall compensate for damages to the other party (Article 661 of the Civil Act). According to the above facts of recognition, it is reasonable to view that the contract of this case was terminated due to the defendant's unilateral resignation because the defendant did not unilaterally notify the termination of the contract during the employment period and did not work at the work, and therefore, the defendant is liable to compensate the plaintiff for damages if any damage was incurred to the plaintiff.