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(영문) 서울고등법원 2020.06.12 2019나2030233
손해배상 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for this part of the basic facts is that of the reasoning of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The Plaintiff’s assertion is consistent with Article 420 of the Civil Procedure Act, on the ground that Article 420 of the Civil Procedure Act applies to the reasoning of the judgment of the first instance, except for cases where the Plaintiff’s assertion is dismissed or added as follows.

Part 5 of the judgment of the first instance is as follows.

Article 10 and Article 17 of the Constitution of the Republic of Korea (Article 10 and Article 17 of the Constitution), Article 12(1)(Article 12), Article 16(1), Article 17(2), and Article 18(1) of the Constitution of the Republic of Korea (Article 10 and Article 17 of the Constitution of the Republic of Korea), and Article 17 of the Constitution of the Republic of Korea (Article 10, Article 10 and Article 17 of the Constitution of the Republic of Korea) shall be deleted.

No. 5 of the first instance judgment, the part of the first instance judgment, “this case’s rule,” which reads “this case’s rule,” as “this case’s rule,” and the part of the second 20 of “this case’s rule,” which reads “the Defendant’s dismissal based on the instant rules of employment null and void, is a tort.”

No. 5 of the judgment of the first instance shall be deleted from 21 to 63.

3. Determination

A. According to the evidence collection procedure as to the grounds for dismissal, the following facts can be acknowledged if there is no dispute between the parties, or if the overall purport of the pleadings is shown in Gap evidence Nos. 1 and Eul evidence Nos. 3 through 5. A) The defendant received information from the plaintiff around June 201 that the plaintiff visited the health auxiliary food company called "F" during working hours, and received information from the defendant that the plaintiff visits the health auxiliary food company during working hours.

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