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(영문) 서울남부지방법원 2015.12.24 2015나7508

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion was that the Defendant, working at the Korea Human Resources Support Center of Foreign Workers, arranged the employment of D and E on a good condition at C restaurants operated by the Plaintiff, and that D and E made a false employment contract and had D and E make the Plaintiff correctly pay wages to the Busan District Court, which was subject to criminal punishment in violation of the Labor Standards Act (No. 2013DaMa2184). For the purpose of receiving the Plaintiff’s money, D and E had D and E file a lawsuit of claiming wages against the Plaintiff under the Incheon District Court Decision 2013Gaso897, Busan District Court Decision 2013DaMa8500 (hereinafter referred to as the “instant claim”). As such, the Defendant is obligated to compensate the Plaintiff for damages incurred to the Plaintiff.

B. However, in light of the respective descriptions of Eul evidence Nos. 1 through 3 (including paper numbers), it is insufficient to acknowledge the plaintiff's above assertion only by the descriptions of evidence Nos. 1 through 5, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

참조조문