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(영문) 서울중앙지방법원 2016.07.21 2015나29236
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant in excess of the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On March 6, 2013, the Plaintiff, the president of the cosmetic Private Teaching Institutes, concluded a labor contract under which the Defendant is employed as an instructor of the cosmetic Private Teaching Institutes from April 1, 2013 to April 1, 2014 (hereinafter “instant employment contract”). As to the grounds for cancelling the employment conditions under the instant employment contract, Article 7 of the said written employment contract provides that the Defendant shall be liable for damages as follows:

7. When he/she is absent from work for at least three consecutive days without good cause due to the cancellation of the working conditions;

8. Where “A” (Defendant) violates the contents of paragraph 7 of a written oath and the Employee Service Regulations, “A” may cancel the working conditions to “B”.

Provided, That where a contract is cancelled due to "B", "A" may receive compensation for damage from "B".

The term "B" shall be compensated for "A" as follows:

Where a labor contract is terminated, three million won for instructors' education expenses and three million won for penalty shall be compensated pursuant to paragraph (6).

The same compensation shall be paid to the person who has caused legal action or intentional damage to A or C.

When requesting a retirement allowance at the time of retirement, all of the subsidies for instructors' expenses and subsidies shall be compensated.

(b) the retirement allowances; or

The Plaintiff provided the Defendant with a 33-time lecturer training and 40 times a total of 33 times of general expertise training, and thereafter, the Defendant, at the Plaintiff’s request, sent to the D Beauty room for about two months from August 2013, and served as a beauty artist.

C. Around September 2013, the Defendant returned to the cosmetic, but during the early return period, the Plaintiff did not impose the instructor duties that the Defendant wishes while ordering only the business of arranging the warehouse of the cosmetic, etc., and the Defendant did not attend the cosmetic from October 2, 2013.

[Reasons for Recognition] Gap evidence Nos. 1 through 5, Eul Nos. 1 and 1.

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