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(영문) 대전지방법원 2020.11.11 2019나108006
정산금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The Plaintiff, as to whether the exchange and alteration of claims and the addition of selective claims filed by this court are lawful, may alter the purport or cause of the claims until the conclusion of pleadings, to the extent that the grounds of the claims are not altered, but where the proceedings are substantially delayed, the alteration of claims is not allowed (Article 262(1) of the Civil Procedure Act). When the court recognizes that the purport or cause of the claims is not correct, the court, ex officio or upon request of the other party, shall decide not to

(Article 263 of the Civil Procedure Act (Article 263). In the first instance court at the first instance court, the Plaintiff sought that “the Plaintiff established and operated the Defendant Company as an operator of the Defendant Company, and the Plaintiff agreed with the Defendant Company to settle the profits of the Defendant Company while recovering KRW 50 million from its partner fees.” The Plaintiff sought “on-site management expenses, additional tax refund, retirement allowance accounts, office deposits, three national pension accounts for the Plaintiff’s employees, unpaid amount of the Plaintiff’s three national pension, elevator progress payment, elevator progress payment, sales expenses, sales expenses, etc.”

However, the plaintiff sought a "payment of unpaid wages and unpaid retirement allowances" on the premise that the plaintiff was the employee of the defendant company, and the plaintiff sought a "compensation for losses caused by the tort, such as embezzlement of unpaid retirement allowances" in this court. The above claim for settlement of accounts in the court of first instance is not only the basis of the claim but also the legitimacy of the claim that the plaintiff changed or added in the exchange as above in order to determine the propriety of the claim that the plaintiff changed or added in the court of first instance as above.

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