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(영문) 서울중앙지방법원 2015.05.01 2012나43354
손해배상(기)
Text

1. Of the judgment of the first instance court, the part concerning Defendant B and C, including the Plaintiff’s principal claim expanded in the trial.

Reasons

1. In the first instance trial, with respect to Defendant B and Hyundai Motor Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff sought an employer’s liability under the Civil Act and a claim for damages due to a tort due to defamation, etc. against the Plaintiff, respectively, and the Defendant D filed a claim against the Plaintiff for damages due to defamation, etc. among the claims against the Plaintiff, the claim against the Defendant B and C was partially accepted, and the claim against the Defendant D and the Defendant Company was dismissed, and the counterclaim was dismissed. Accordingly, it is evident in the record that only the Plaintiff filed an appeal.

Therefore, the subject of the judgment is limited to the plaintiff's claim of the main office.

2. Facts of recognition;

A. The Defendant Company established its head office in Yang Jae-dong 231, Seocho-gu, Seoul, the Seocho-gu, the Seocho-gu, the head office of which is engaged in the production of automobiles, such as bosa and diaburgs, in Ulsan, Agyan, etc. The Defendant Company awarded a contract for all of the preparatory work necessary for the shipment of manufactured vehicles, including transfer of manufactured vehicles, detailed car cars, attachment of temporary number plates, removal of internal vinyl, etc., and the Defendant Company re-subcontracted the transfer of vehicles and the PDI (exploit) process from the “Ag delivery center” to E (hereinafter “E”).

B. On May 15, 1997, the Plaintiff entered a gardening company, a partner company in the Asan Factory of the Defendant Company, and the gardening company changed the company's trade in the partnership company, the well-saves, the well-saves, and well-beings, etc., and the Plaintiff also changed its affiliation. From July 1, 2008, the company belongs to the changed E, and was in charge of the internal PDI process while working in the Asan Factory of the Defendant Company.

C. Defendant B and Defendant C were employees of E, who were in the position of the head of each group and warden, and Defendant D established E on July 1, 2008 and on November 4, 2010.

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