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(영문) 서울서부지방법원 2018.12.14 2018나170
손해배상(기)
Text

1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On February 11, 2016, the Plaintiff entered into an employment contract with the Defendant, who is an oriental medical doctor, to February 10, 2017. From February 11, 2016 to February 10, 2017, that the monthly wage is KRW 1,60,000 per month for the first month for the actual payment of monthly wage, and KRW 1,70,000 per month for the second month, and that the Defendant’s employment contract is to be entered into between the Plaintiff and the Defendant (hereinafter “instant employment contract”).

B. From February 11, 2016, the Plaintiff served as the head of the Information Support Team in charge of receipt, receipt, employee training, etc. at the Council members of the instant case.

The defendant, on June 17, 2016, has business difficulties with the plaintiff on the same year.

7. As of June 16, 201, the Plaintiff was notified of dismissal, and the Plaintiff did not work at the Plaintiff’s Council from June 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant dismissed the plaintiff without any inevitable reason to dismiss the plaintiff, and thus, the plaintiff is obligated to pay 3,709,840 won after deducting 1,854,920 won, which is the amount equivalent to the one-month wage paid by the plaintiff as the advance notice of dismissal from the defendant, from 5,564,760 won for damages caused by the tort.

In electively, the Plaintiff entered into the instant employment contract with the Defendant during the period of work from February 11, 2016 to February 10, 2017, setting the period of work, and the Defendant unilaterally terminated the said employment contract without any inevitable reason as prescribed by Article 661 of the Civil Act. Therefore, the Plaintiff is obligated to pay 3,709,840 won out of the amount equivalent to the wages that the Plaintiff was dismissed from June 17, 2016 to November 30, 2016, due to nonperformance of the obligation to compensate for damages caused by the Plaintiff’s dismissal.

3. Determination

A. "Inevitable reasons" under Article 661 of the Civil Code means that it is impossible under the social norms to continue to maintain an employment contract and compel its performance.

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