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(영문) 서울남부지방법원 2015.01.22 2014가단208679

손해배상(기)

Text

1. The Defendant: (a) KRW 6,000,000 for the Plaintiff and 5% per annum from April 3, 2014 to January 22, 2015.

Reasons

1. Basic facts

A. On March 2013, the Plaintiff entered into a contract with the Defendant, a practicing labor attorney, for the introduction of labor company F, of the E labor law firm in order to proceed with the case of application for unfair dismissal remedy filed by C and D, which was the Plaintiff’s employee.

(hereinafter “instant delegation contract”). (b)

On May 2, 2013, in the case of the Plaintiff’s application for unfair dismissal remedy, the Defendant performed its duties as the case agent by attending the hearing of the Seoul Regional Labor Relations Commission (hereinafter “Seoul Regional Labor Relations Commission”) together with the Plaintiff’s agent.

C. On May 2, 2013, Seoul Regional Labor Relations Commission rendered a judgment on May 2, 2013 that “the dismissal of the Plaintiff made on February 13, 2013 to C and D is unfair, and the Plaintiff would pay C and D each monetary compensation in lieu of the original reinstatement within 30 days from the date of receipt of the written determination to C and D (hereinafter referred to as “the instant determination” and the order to pay monetary compensation in the instant determination is referred to as “the instant remedy order,” if it is referred to as “the instant determination”).

The defendant listens to the results of the judgment that the plaintiff lost from the personnel in charge of Seoul Regional Labor Relations Commission by telephone liaison, and informed G as the head of the plaintiff's planning and management office of the results of the judgment against the plaintiff by telephone.

E. Seoul Regional Labor Relations Commission on May 16, 2013

On May 21, 2013, a written award containing the content of the award (hereinafter referred to as “instant award”) was sent only to the Defendant, the Plaintiff’s agent, and the Defendant did not deliver the instant award to the Plaintiff.

On May 31, 2013, the decision of this case became final and conclusive on May 31, 2013, since the plaintiff did not object to the decision of this case.

F. The Seoul Regional Labor Relations Commission failed to comply with the instant order for remedy even though the instant judgment became final and conclusive, and on June 25, 2013.