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(영문) 대전지방법원 2018.04.04 2017나5554
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the money ordering payment below.

Reasons

1. The plaintiff claimed consolation money and claim for wages against the defendant B. Among them, the defendant corporation was the preliminary defendant with respect to the part of the claim for wages, but all of the court of first instance was dismissed, and only the defendant B appealed.

Even if the plaintiff did not appeal against the conjunctive defendant corporation, Article 70(1) of the Civil Procedure Act shall apply mutatis mutandis to the subjective and preliminary joint action, so the provisions of Articles 67 through 69 of the Act on Essential Co-Litigation shall apply mutatis mutandis to such subjective and preliminary joint action. Thus, the judgment on the defendant corporation for which the plaintiff did not appeal according to the demand for such joint decision is not finalized, and it is transferred to the appellate court for which

2. In this part of the judgment on the facts of recognition and the Plaintiff’s claim for wages, this court’s reasoning is identical to the corresponding part of the judgment of the court of first instance, and thus cites it as it is in accordance with the main sentence of

3. Judgment on the plaintiff's claim of consolation money against the defendant B

A. The gist of the Plaintiff’s assertion: (a) around April 2016, Defendant B deliberated on the instant application for remedy against unfair dismissal by the Chungcheongnamnam Regional Labor Relations Commission; (b) around May 2016, before the public interest members of the committee; and (c) around May 2016, in the presence of public officials belonging to the Ministry of Environment and public officials belonging to the Ministry of Agriculture and Forestry, Defendant B, in the presence of public officials belonging to the Ministry of Agriculture and Forestry and public officials belonging to the Ministry of Agriculture and Forestry, insulting or abused

Since this constitutes tort, Defendant B is obliged to pay 10,000,000 won to the Plaintiff as consolation money.

(However, the appeal is limited to 4 million won, so the scope of the appeal of this court is limited to 4 million won.

Judgment

1. First, we examine the above paragraph (1).

According to the evidence No. 8, the defendant B intended to make a monetary compensation and compromise to the plaintiff among the public interest members D in the case of request for unfair dismissal by the Chungcheongnam-nam Regional Labor Relations Commission on May 4, 2016.

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