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(영문) 대구지방법원 서부지원 2018.11.22 2018가단6505
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Social Welfare Foundation C (hereinafter “C”) is a corporation that performs the establishment and operation of D and matters related to E in Korea and abroad. The Plaintiff was an employee of C on July 8, 1985 and served as the Chairperson from January 15, 2005. The Defendant was a employee of C on September 1, 1985 and served as the Secretary General around August 2008.

B. C (1) On August 19, 2008, a resolution of suspension from office against the Plaintiff was adopted to take a one-month disciplinary measure against the Plaintiff on suspension from office (hereinafter “resolution of suspension from office”).

2) On September 19, 2008, C held a board of directors on September 19, 2008 and resolved to take disciplinary action against the Plaintiff.

(hereinafter “instant resolution of dismissal”) C.

As a result of the preceding lawsuit, the Plaintiff filed a lawsuit against C on October 22, 2008 seeking confirmation of invalidity of each of the instant resolutions. However, on June 18, 2009, Seoul Central District Court 2008Gahap103606, the judgment dismissing the part of the claim for confirmation of invalidity of the instant decision of suspension from office, and dismissing the claim for confirmation of invalidity of the instant decision of dismissal. The Plaintiff appealed against the judgment of the first instance court, and filed an appeal from the appellate court to January 18, 201, asserting that the Plaintiff sustained damages equivalent to the benefits and retirement allowances from September 20, 208 to January 10, 201, the Plaintiff filed a lawsuit claiming reimbursement of KRW 112,509,600 as well as delayed payment damages, but the Plaintiff’s appeal was dismissed on January 21, 2010 to the Seoul Central District Court 209Na61027, and each of the said appeals was dismissed on April 19, 20197.

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