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(영문) 서울고등법원 2020.10.16 2019나2050152
손해배상(기) 등 청구의 소
Text

1. The judgment of the first instance court, including a claim reduced by this court, shall be modified as follows:

The lawsuit of this case.

Reasons

1. The reasons why this Court stated in this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, except for the cases where part of the basic facts are written as follows. As such, it shall be cited including the abbreviation pursuant to the main sentence of Article 420 of the

Nos. 14 through 4 of the first instance judgment shall be judged as follows.

On August 30, 2016, the foregoing court rendered a judgment that “The dismissal of the instant case is null and void since the grounds for disciplinary action are not recognized.” As such, the court determined that the Plaintiff’s claim for wages was null and void since the dismissal of the instant case is recognized as a certain grounds for disciplinary action.” As to the Plaintiff’s claim for wages, the Defendant dismissed the Plaintiff’s claim for wages from September 18, 2012 to December 31, 2015 for the unpaid wages of KRW 278,754,098 and delayed payment damages, and paid wages of KRW 6,50,000 per month from January 1, 2016 to reinstatement, and dismissed the Plaintiff’s remaining claims for wages from KRW 1,50,000 [i.e., (i) the Plaintiff’s claim for unpaid wages from September 19, 2005 to December 31, 2015 for the reason that the remainder of the claim for wages from September 17, 20120120.

[2] The Plaintiff and the Defendant appealed both of them (Seoul High Court Decision 2016Na2060844). The Plaintiff extended the principal amount to KRW 1,276,835,763 while filing the existing claim in the appellate court as the primary claim, and reduces the damages for delay, while filing a preliminary claim for damages equivalent to the amount of wages on the ground that the suspension from reprimand is a tort.

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