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(영문) 서울고등법원 2019.04.25 2018나2069777
대여금 등 청구의 소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except when written or added.

(The main text of Article 420 of the Civil Procedure Act). 6th 7,9th 7, and 9th 2nd 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st

The 8th and the 5th half of the judgment of the court of first instance shall be the same as "it is possible to recognize the facts".

“A natural fact, etc. may be recognized” 9-2-3 of the judgment of the court of first instance refers to the person who is practically liable to pay remuneration for the work provided to an employee, regardless of the form of a contract or the content of the relevant law (see, e.g., Supreme Court Decisions 2018Da21821, 25502, Jul. 12, 2018). The same is applicable in light of the following: “A person who is obligated to pay retirement allowances under the Labor Standards Act refers to the person who is substantially liable to pay remuneration for the work provided to the employee, regardless of the form of the contract or the content of the relevant law.”

The 14th lower judgment of the first instance court "paragraph (2)" shall be applied to "paragraph (1)".

15 pages 15 of the judgment of the court of first instance shall have "affiliated" as "entry".

The following portion shall be added between the 19th half and the 4th half of the first instance judgment.

“Inasmuch as the Defendant’s return of contribution to the Plaintiff, the claim for the distribution of corporate reserve funds, the primary salary and retirement allowance, and the claim for preliminary agreement cannot be accepted as seen above, the Defendant’s counterclaim, which is premised on the existence of some of the above claims, cannot be accepted.”

3. In conclusion, the plaintiff's claim on the principal lawsuit shall be accepted within the scope of the above recognition, and the remainder of the principal lawsuit and the defendant's counterclaim shall be dismissed due to the lack of reasonable grounds.

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