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(영문) 광주지방법원 2019.09.20 2018나5184
손해배상(기)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by the defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a person who is the husband of D’s representative director of a social welfare foundation C (hereinafter “instant corporation”) (hereinafter “Defendant, etc.”) and the Plaintiff was employed as a teacher of “F Child Care Center” located in the operation of the said corporation (hereinafter “F Child Care Center”) around September 4, 2014.

B. On October 10, 2014, the Plaintiff retired from office as a teacher of the child-care center of this case due to Ma, the principal of the child-care center of this case. Since then, the Plaintiff filed an application for remedy against unfair dismissal (Seoul High Court Decision 2014Du412), the application for review by the National Labor Relations Commission (Central Decision 2015Du1290, Daejeon High Court Decision 2016Nu11726, Supreme Court Decision 2017Du34605, Oct. 10, 2014), asserting that the above resignation was unfair dismissal (see Supreme Court Decision 2015Du1290, Daejeon High Court Decision 2015Du1290, Daejeon High Court Decision 2016Nu11726, Supreme Court Decision 2017Du34605, etc.).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff committed the following tort against the Plaintiff, such as intimidation, defamation, and insult.

(2) The Defendant is obligated to pay the Plaintiff damages for the total amount of KRW 13 million, including medical expenses, recording expenses, KRW 3 million, and KRW 13 million. The damages for delay are assessed against the Plaintiff.

① On December 9, 2014 and December 10, 2014, the Defendant, at the Defendant’s home, told the Plaintiff at the Defendant’s home, that “on the Internet would have opened the phone,” and, on December 9, 2014, would be put into the G website Non-Ethical reporting center (the Plaintiff’s husband’s husband’s work) if there is no reply as to what the requirements were required.

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