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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The Plaintiff is a person operating a healthcare with the trade name “C” from October 2016.
Around October 2016, the Defendant retired from the said Health Center around August 2017, while being employed by the Plaintiff and being employed by the Plaintiff for its members in the said Health Center.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. On August 16, 2017, the Defendant: (a) terminated the lectures and duties at the above health center; and (b) left without any consent from the Plaintiff on August 16, 2017; and (c) returned KRW 6,422,132 to the members of the 17 members who received the t bargaining class, etc. from the Defendant. The Plaintiff refunded KRW 17,42,132 to the Plaintiff. Article 8 (Retirement Procedures) ① The Defendant shall submit a resignation document at least 30 days prior to the desired resignation from the date he wishes to resign; and (b) work in good faith until the completion of the acquisition period after the Defendant completed the entire lectures and duties he was entrusted. The absence without approval is deemed absence. Article 10 (Compensation for Damages) ② The Plaintiff shall be liable for damages incurred to the Plaintiff, as the Plaintiff violated the employment contract or the following practices entered into between the Plaintiff and the Defendant.
3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 11,182,132 in total of KRW 6,422,132 in refund and KRW 1,760,00 in refund due to mental stress and KRW 3,000 in solatium (=6,422,132 in 1,760,000 in total) as damages for nonperformance or tort, and damages for delay.
B. On August 18, 2017, the Defendant received a demand to withdraw from the Plaintiff by the end of the same month, and was dismissed on August 31, 2017, and without permission on the date and time of the Plaintiff’s assertion.