logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2015.08.25 2014가단5629
손해배상(기)
Text

1. The Defendants: 10,000,000 won to each Plaintiff and 5% per annum from July 15, 2015 to August 25, 2015.

Reasons

1. Facts of recognition;

A. Defendant C (hereinafter “Defendant C”) is a law firm with the purpose of conducting the duties of attorney-at-law. Defendant B is the representative attorney-at-law of Defendant B.

B. The Plaintiff retired from the labor union of the non-party company while serving as a driver at the non-party Samsung Transport Co., Ltd. (hereinafter “non-party company”), and the non-party company dismissed the Plaintiff on May 25, 2012 pursuant to the union shop agreement, stating that the agreement entered into between the labor union and the labor union, “members shall be all workers within the company, and crew members shall be members at the same time, and if they leave the labor union, they shall be dismissed within 30 days.”

(hereinafter referred to as “instant dismissal”). C.

On October 2012, the Plaintiff entered into a delegation contract with Defendant Law Firm and Non-Party Company regarding a lawsuit seeking confirmation of invalidity of dismissal, etc., and Defendant Law Firm designated Defendant B as an attorney in charge, and then represented the lawsuit of this case (Seoul District Court Jinju Branch 2012Ga2357) such as confirmation of invalidity of dismissal against Non-Party Company.

On May 8, 2013, the court of first instance rendered a judgment dismissing all the Plaintiff’s claims on the following grounds: “The Plaintiff voluntarily expressed his/her intent to withdraw from the union; the labor union requested the Nonparty to dismiss the Plaintiff in accordance with the union shop agreement under the collective agreement; and the Nonparty Company dismissed the Plaintiff in accordance with legitimate procedures; and the dismissal of the Nonparty Company constitutes abuse of rights or is not contrary to the good faith principle; thus, the instant dismissal is lawful.”

E. Accordingly, the Plaintiff appealed to Busan High Court (Seoul High Court) 2013Na1719 (hereinafter “relevant appellate case”). Defendant Law Firm concluded a delegation contract with the Plaintiff and represented the said case in the above appellate case, and Defendant B also acted in the above appellate case.

arrow