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(영문) 의정부지방법원 2018.10.24 2018나203716
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In the first instance court, the Plaintiff sought positive damages, passive damages, and solatium against the Defendant. The first instance court partly accepted the claim on positive damages and solatium, and dismissed the claim on passive damages.

In this regard, only the plaintiff appealed from the passive damages (actual income). Therefore, the subject of the judgment of this court is limited to the passive damages.

2. The reasoning for this part of the facts admitted by the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the addition and modification as follows.

On the 2nd page 2 of the first instance judgment, the phrase “ received approximately 2015 high-level 8480”)” was changed to the phrase “2nd page 14 of the 14th instance judgment,” and the following was added to the phrase “the Plaintiff, who served as a H dispatched driver, was notified of dismissal by the I Co., Ltd. (hereinafter “I”), a dispatched company on July 31, 2015” (hereinafter “I”), 15th page 2 of the first instance judgment.

3. The assertion and judgment

A. The Defendant unilaterally assaulted the Plaintiff, thereby resulting in an external appearance, such as the Plaintiff’s face and face value of two weeks prior to the Plaintiff’s face, and became an executive or employee of the broadcasting station.

As a result, the plaintiff was dismissed from the dispatched company because it is difficult for the plaintiff to play a role as an executive officer who requires good appearance and speech.

Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to KRW 17,94,90 (i.e., wages of KRW 15,381,420 as retirement allowances of KRW 2,563,570), which occurred from the dismissal of the Plaintiff from the I due to the instant injury.

(b) Determination Party A’s statements in the evidence Nos. 1, 10, 12, 13, and 17, and the testimony and arguments of Party G with the first instance court witness G.

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