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(영문) 창원지방법원 2017.11.22 2016가단113965

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2015, the Plaintiff concluded an internship contract with Defendant A to work as an intern of the Plaintiff Company from June 1, 2015 to August 31, 2015, and entered into an employment contract with Defendant A to work as an employee of the Plaintiff Company by August 31, 2016 after converting Defendant A into a regular position on September 1, 2015. On January 24, 2016, the Plaintiff and the Defendants concluded an employment contract with the Defendants to work as an employee of the Plaintiff Company from January 1, 2016, and on June 24, 2016, the Defendants were subject to disciplinary action against the Defendants as of July 29, 2016.

B. From 2013 to 2016, the Plaintiff received from Korea Aviation Co., Ltd. (hereinafter “Korea Aviation”), as a result of the comprehensive performance evaluation, the amount of damage for the year 2013 and the portion for the year 2014. The Plaintiff was subject to the Red class requiring corrective measures for the portion for the year 2015. The Plaintiff was requested to take several corrective measures due to defective parts supplied until 2016, such as defective parts supplied by the latter part of the year 2015 and the first half of the year 2016, and the contract relationship was terminated between the Korea Aviation Co., Ltd. at the end of 2016.

[Reasons for Recognition] No dispute exists, Gap 1-1, 2-1, 2-3, 3-1, 6-1 through 7, 44, 51-1 through 52, and the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The cause of the claim (i) caused the Defendants to be employed by the Defendants to deliver defective parts for aviation due to the Defendants’ continuous and wrong work despite having received necessary training over a number of times after the Defendants entered, not only caused a sudden decrease in sales since 2015, but also caused the damage to the quality loss due to the failure of the Defendants to perform the aviation, which was received from the Korea Civil Aviation’s comprehensive performance evaluation for the year 2015, and the contract relationship was terminated at the end of 2016, and the injury was incurred.