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(영문) 서울고등법원 2018.03.30 2016나2044293

손해배상청구의 소

Text

1. The plaintiff's appeal against the defendants and the selective claims added by this court are all dismissed.

2...

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: (a) the part on “the date of March 29, 2013 was changed to one another as of March 29, 2013”; (b) the part on “the date of March 2013 was changed to one another as of February 28, 2018”; and (c) the ground of appeal under the main sentence of Article 420 of the Civil Procedure Act is the same as that of the judgment of the court of first instance, except for adding the judgment on the grounds for appeal and additional claims emphasized by the court as the grounds for appeal under the provision of paragraph (2) as of the grounds for appeal, which are added by the Plaintiff as of the grounds for appeal.”

2. Determination on grounds for appeal, etc.

A. The plaintiff's summary of the plaintiff's assertion was confirmed to have been dismissed in the lawsuit of cancellation of the review decision filed against the chairperson of the National Labor Relations Commission, and the plaintiff's dismissal against the defendant B was legitimate.

This is due to the Plaintiff’s tort, such as breach of labor contract or breach of trust by the Defendants, and thus, the Defendants are obliged to compensate the Plaintiff for such damages or return them to the Plaintiff as unjust enrichment.

1) The Defendants jointly and severally ordered the Plaintiff to pay KRW 411,278,723 to F operated by Defendant C without any actual transaction details from April 2009 to December 2014. As such, Defendant C is liable to compensate for damages of KRW 408,278,723 among them, or to return unjust enrichment equivalent to the same amount. Defendant C is liable to compensate for damages of KRW 408,278,723 among them, or to return unjust enrichment equivalent to the same amount. Defendant B is liable to compensate for damages of KRW 23,969,600 out of KRW 26,402,80 of the purchase cost of the goods purchased individually during the same period and KRW 4,600,000 of the purchase cost of merchandise coupons. Defendant C is jointly and severally liable to compensate for damages of KRW 23,969,600 among the goods purchased due to tort.

3 Defendant B is liable for compensating the Plaintiff for damages, as it claimed excessive KRW 14,014,159 under the pretext of the purchase agency fee for the goods, and caused the Plaintiff to pay it to F, and Defendant C is with Defendant B.