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(영문) 서울중앙지방법원 2018.02.01 2017나22208
손해배상(기)
Text

1. All appeals filed by both the Plaintiff and Defendant C are dismissed.

2. The appeal cost arises between the Plaintiff and the Defendant B.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the parts added or used in paragraph (2) below, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parts that are added or changed; and

A. The following shall be added to the 6th sentence of the first instance court’s 4th sentence.

Inasmuch as the Plaintiff entered into a compromise contract under the Civil Act between the Plaintiff and the Plaintiff, the Plaintiff alleged that it cannot file a separate claim for damages related to the tort committed by the Defendant Corporation. As such, the settlement takes effect upon the agreement between the parties concerned by mutual concessions (Article 731 of the Civil Act). Despite the Plaintiff’s attendance on June 19, 2015 only until June 19, 2015, the Plaintiff was paid the full payment of the salary for June 2015. The fact that the Defendant corporation paid KRW 1,00,000 to the financial account in the Plaintiff’s name on July 6, 2015 is recognized by taking full account of the overall purport of the pleadings, but it is insufficient to find that the fact of recognition alone is insufficient to acknowledge that the Plaintiff and the Defendant Corporation had expressed its intent to terminate the dispute by mutual concessions between the Plaintiff and the Defendant Corporation, and there is no other evidence to prove otherwise.”

(b)Nos. 17 through 20 of the first instance judgment shall be followed as follows.

Defendant B was a responsible manager in the field of bakeries, among the duties of Defendant corporation, and the interview was conducted by Defendant B as a responsible manager even at the time when the Plaintiff entered the Defendant corporation. The employees engaged in the brea work have to work in the F points and G points of D B, according to the time table determined by Defendant B, the director of the division. Employees H of Defendant corporation was present as a witness in the criminal trial of Defendant B, and Defendant B was an employee related to B.

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