beta
(영문) 춘천지방법원강릉지원 2020.10.27 2019나712

손해배상(기)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

Judgment on the Grounds of Claim

A. In full view of each of the statements in the evidence Nos. 1, 2, and 8, the Defendant agreed to submit 30 days of retirement in the event of retirement when entering into an employment contract with the Plaintiff company on or around November 20, 2018, and the Defendant expressed his intention of resignation around January 23, 2019 and did not work at the Plaintiff company without permission from around January 30, 2019, since it is recognized that the Defendant did not work at the Plaintiff company without permission from around January 30, 2019, after having expressed his intention of resignation around January 23, 2019. Thus, if the Plaintiff suffered damages due to the Defendant’s unauthorized resignation, the Defendant is liable to compensate the Plaintiff.

B. We examine the scope of damages and the scope of damages suffered by the Plaintiff due to the Defendant’s unauthorized resignation.

1) First, as to the Plaintiff’s assertion that the Plaintiff suffered damages on the salary for substitute personnel, it is difficult to acknowledge causations, and losses arising from the Plaintiff’s input of the representative director, team leader, etc. who is paid benefits much more higher than the Defendant’s level into substitute personnel. Even if the Plaintiff was employed as substitute personnel, it cannot be deemed that the Plaintiff suffered losses on the part of the representative director, employees, etc. due to the Defendant’s violation of the Defendant’s labor contract, in view of the location and distance between the Gangnam and Seolljinjin, and the Defendant’s existing working hours, etc., it is difficult to view that the Plaintiff’s allowance, travel expenses, and transportation expenses, etc. verified by the evidence is for substitute personnel.