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(영문) 서울고등법원 2017.12.13 2016나2046480
해고무효확인
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Defendant B.

Reasons

1. Facts of recognition;

A. Defendant B is a company running a “L golf club” (hereinafter referred to as “instant golf club”) in Yongju-si, and the Plaintiff is a person who served as a sports assistant (hereinafter referred to as “gld”) at the instant golf club from March 22, 2014 to June 13, 2015.

Defendant C is a person in charge of so-called “glar” work as an agent for Defendant B, and Defendant D is a person working for Defendant B as the match progress and deputy head, and Defendant E, F, G, H, I, and J are persons working for the instant golf course as a person in charge of the so-called “glare” work at the instant golf course.

(hereinafter referred to as “Defendant’s promotion” in total, including only the Defendants, who are the heads of capital gains.

Defendant B entered into a collective insurance contract that guarantees liability for damages, etc. to occur during the instant golf course’s business as the insured with the capitals of the instant golf course, including the Plaintiff and Dong Fire Marine Insurance Co., Ltd. (hereinafter “Dong Fire Marine Insurance”).

The insurance period of the above group insurance was from March 31, 2015 to March 31, 2016, and the insurance premium was paid in 78,190 won from Defendant B's capitals insured.

C. On April 23, 2015, the Plaintiff: (a) on April 23, 2015, at the instant golf course, caused an accident that meets the visitors with whom the Plaintiff was in charge of providing game assistance (hereinafter “the instant accident”); and (b) on April 27, 2015, Defendant C was subject to “one day punishment” (the daily measure of non-working for one day).

On June 8, 2015, at around 13:00, the Plaintiff caused an accident that damages the door of the cart by shocking the door to the right side of the back part of the cart while driving the cart at the instant golf course.

(hereinafter referred to as “instant car accident”). (e)

Defendant C on June 9, 2015

Whether it is possible to deal with the instant cart accident as a group insurance to N who was an insurance solicitor of the group insurance described in the subsection.

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