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(영문) 서울고등법원 2016.09.28 2016나2022781
손해배상 및 임금청구의 소
Text

1. Of the judgment of the court of first instance, the order to pay the part of the Plaintiff’s claim against the Defendant before remanding.

Reasons

1. Scope of the trial of the political party after remand;

A. In the first instance court, on the premise that the Defendant’s dismissal on May 6, 2013, which the Defendant reported to the Plaintiff, was a tort, and that the Defendant’s above dismissal disposition against the Plaintiff and the notification of invalidation of appointment as of October 29, 2013 were unreasonable, the Plaintiff sought payment of wages from May 6, 2013, which was the date of the above dismissal disposition, to the time the Plaintiff is reinstated, and the first instance court accepted only the Plaintiff’s claim for wage payment, and dismissed the claim for damages.

B. However, the court of the first instance prior to the remanding of the case in which both parties’ appeal was brought before the remanding of the case, rendered a judgment dismissing the judgment by changing the judgment of the court of the first instance to the following: “The Defendant shall issue an annual order from May 6, 2013 to October 29, 2013 to the Plaintiff with the wage of KRW 49,754,120 as well as delay damages (of KRW 34,498,64 as well as delay damages) from September 28, 2013, KRW 7,187,221 as to KRW 7,187,235 as to KRW 16 to September 16, 2013, KRW 5% as to KRW 8,068,235 from October 16, 2013 to April 8, 2015, and KRW 20% as to the remainder of the Plaintiff’s claim for damages and the remainder of the Plaintiff’s claim for damages.

C. As to this, the Plaintiff appealed on the part against the Plaintiff, among the part of the judgment of the party prior to remanding (the part concerning the claim for damages in the judgment of the party prior to remand was dismissed as an unlawful appeal after the period of appeal expired). The Supreme Court reversed and remanded the part against the Plaintiff among the claim for wage payment in the judgment prior to remand.

Therefore, the part of the Plaintiff’s winning judgment and the part of the claim for damages in the judgment before remanding the case are excluded from the scope of the party’s judgment after remanding the case, which became final and conclusive at the time of the judgment of final appeal (see, e.g., Supreme Court Decision 90Da18036, May 24, 191). The scope of the party’s judgment after remanding the case, the Plaintiff on the claim for wage payment among the judgment

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