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(영문) 서울고등법원 2018.10.23 2017나2068722

부당이득금

Text

1. Of the part concerning the counterclaim of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the amount ordered by the following.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The reasoning for the court’s explanation of this part of the judgment on the basic facts and the principal claim is the same as that of paragraphs 1 and 2 of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the counterclaim

A. 1) The occurrence of liability for damages is an illegal disposition that deviates from the scope of discretion or abuse of discretionary authority and thus, it constitutes an unlawful act in relation to workers (see, e.g., Supreme Court Decision 2009Da86246, Oct. 13, 2011; Supreme Court Decision 2009Da86246, Oct. 13, 2011; 2009Da86246, Oct. 13, 2011; 2009Da8666, etc.). In addition, where an employer’s act of dismissal and dismissal is objectively evident that the reason for unfavorable disposition does not constitute a ground for unfavorable disposition, such as the rules of employment, or that it cannot be considered as a ground for unfavorable disposition, and where the employer and the employee’s act of dismissal are readily acknowledged as a ground for unfair work of a trade union, the act of dismissal and whether it constitutes a justifiable ground for unfair work of a trade union.