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(영문) 서울중앙지방법원 2019.05.29 2018나72613
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On June 7, 2016, the Plaintiff asserted that he/she joined the D’s camp located in Jung-gu Seoul Metropolitan Government, and was dismissed on October 10, 2016.

The Defendant, who was the head of the above building management office, pointed out the Plaintiff’s clean condition, work attitude, and insulting speech, and notified the personnel management officer of such fact, and eventually the Plaintiff was dismissed.

Therefore, the defendant is obliged to pay consolation money of KRW 500,000 and delay damages for mental damage suffered by the plaintiff.

2. With respect to claims that conflict with res judicata of the final and conclusive judgment against the plaintiff, the court shall dismiss such claims by rendering a judgment inconsistent with the final and conclusive judgment.

(See Supreme Court Decision 76Da1488 Decided December 14, 1976). In full view of the purport of the entire pleadings in the evidence evidence Nos. 1, 5, 6, and 7, the Plaintiff filed a lawsuit against the Defendant with the Seoul Northern District Court 2017Gaso2794 against the Defendant for damages identical to the Plaintiff’s assertion, but was sentenced to a judgment that “the Plaintiff dismissed the Plaintiff’s claim” on June 9, 2017. The Plaintiff appealed (Seoul Northern District Court 2017Na35753) and appealed (Supreme Court 2018Da224972) against the said judgment (see Supreme Court Decision 2018Da224972). However, it can be acknowledged that the said judgment became final and conclusive as all of the appeals and appeals were dismissed.

Therefore, the plaintiff's claim is not permissible because it goes against the res judicata of the above final judgment, and there is no evidence to acknowledge the plaintiff's assertion.

Therefore, the plaintiff's above assertion is without any mother or reason.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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