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(영문) 수원지방법원 2017.11.23 2016나68885
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that: (a) from January 30, 2012 to April 27, 2013, the Defendant Company was employed by the Defendant Company and served at KRW 2 million per month; (b) the Defendant Company was a small company; (c) so, the Defendant Company cannot subscribe to the fourth-party insurance (Health Insurance, National Pension, Employment Insurance, and Industrial Accident Insurance) that the employee subscribed to. Therefore, the Plaintiff did not subscribe to the fourth-party insurance during the said period of service.

The defendant company's deception could not lead to four types of insurance, and if the defendant had subscribed to the four types of insurance, the monthly pension amount to be received by the plaintiff would have increased. Therefore, in the case of the defendant company's deception, the defendant appealed only about 14,468,372 won of pension benefits loss 6,468,372 won (in the case of calculation), 3,000 won for confirmation expenses for three years, 10,000 won for consolation money for mental distress of the plaintiff, and 10,468,372 won for 19,468,372 won, excluding five million won of the above amount, and damages for delay.

payment shall be sought by the Corporation.

B. Although there is no dispute between the parties that the Plaintiff had not subscribed to the four types of insurance during the period in which the Defendant had worked for the Defendant Company, the Defendant asserted that the Plaintiff did not subscribe to the four types of insurance in cash on the ground that the Plaintiff is one of its bad credit holders, and that the Defendant did not subscribe to the four types of insurance at the Plaintiff’s request that the Plaintiff would pay the four types of benefits in cash instead of the Plaintiff being one of the four types of insurance holders. As alleged by the Plaintiff, there is no evidence to prove that the Plaintiff was unable to subscribe to the four types of insurance by deception, and rather than that, if the purport of the entire argument is added to the statements in the evidence Nos. 6, 8, and 10, the Defendant had subscribed to the four types of insurance from September 1, 2008 to October 10, 201, and the Defendant paid the insurance premium at the Plaintiff’s request, in particular, paid the monthly payment or in cash to the Plaintiff’s spouse’s account, not in the name of the Plaintiff.

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