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(영문) 서울서부지방법원 2018.08.31 2018나33385
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On May 2017, the Plaintiff, while working as the author of the “C” program produced by the Defendant Company, was subject to unfair treatment from D, a PD of the above program. Nevertheless, the Defendant Company was unfairly dismissed by the representative of the Defendant Company. As such, the Defendant Company, as compensation for damages arising from the above tort, is obligated to pay the Plaintiff the amount of KRW 10,800,000 for the portion of the Plaintiff’s three-month salary (=3,600,000 x 3 months) and mental compensation (3 months) and KRW 5,00,000 for the Plaintiff’s emotional compensation, and the amount of KRW 26,40, total amount of KRW 15,826,40 for returning home on May 20, 2017.

In full view of the overall purport of the pleadings in evidence Nos. 1 through 7, the Plaintiff received KRW 3,600,000 per conference and entered into a franchise agreement with the Defendant Company, and then was the author of the “C” program. The Plaintiff is recognized as having been working for the Defendant Company from May 25, 2017, but it is not sufficient to recognize that the Plaintiff committed the Defendant’s tort as alleged by the Plaintiff in the course of not working for the Defendant Company, even if examining all the evidence submitted in the instant case including the above evidence, etc., and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case is without merit.

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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