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| TITLE | Supreme Court Decision 2017Da46274 Decided June 15, 2023 【Damages (Etc.)】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Matters required to be substantiated by a manufacturing company to seek damages corresponding to the amount of fixed costs arising from unlawful industrial actions which caused hindrance to business operation and, if the goods were produced, whether it may be presumed that the fixed costs expensed for production are recoverable from the revenue by the manufacturing company (affirmative) Whether the presumption of loss equivalent to the amount of fixed costs may be dismissed in a case where there is substantiation of the circumstances indicating that the industrial action did not result in a decrease in revenue because, for example, the shortfall in the quantity of production outputs, which occurred as a result of industrial actions, has been recovered through additional production that followed the completion of the industrial actions for a significant period of time (affirmative) [2] Requirements for the exercise of a right to constitute the abuse of right [3] Standards for determining the degree of the limit of liability of individual union members in a case seeking payment of damages arising from unlawful industrial actions | |
