EN JUDGMENT 23. Legal Department Basis: 2016/ 9666 Decision: 2020 / 1094 Decision Date: 19.02.2020
SUMMARY: The amount that the plaintiff’s attorney rejected in the decision on partial acceptance of the case and collection of the entire amount … is final because it remains below the appeal limit in terms of amount. Since the court can make decisions on appeals of final decisions, the Supreme Court also has 10. Decision No.since he decided to reject the appeal request in accordance with the Decision, the plaintiff’s attorney’s appeal requests had to be rejected.
(1086 SK Md. 427)
At the end of the trial of the compensation case between the parties, the file was examined by the plaintiff’s attorney during the term of the judgment, upon filing an appeal for partial acceptance of the case for the reasons written in the Decrees, and the necessity of this was decided by discussing.
Plaintiff’s lawyer; service purchase between the client and the defendant company Dec.
he has a contract,
paid pay to the non-trial worker as a result of the enforcement proceedings, the case regarding the labor receivables filed against the client by the non-trial worker employed by the defendant under the contract was concluded in favor of the employee, and in this context, the client made a payment to the non-trial worker, without this payment
he claimed that the defendant was responsible according to the provisions of the contract and that the amount paid by his client should be collected from the defendant.
The defendant did not respond to the lawsuit.
When the scope of the claim, the defense, the expert report and the entire file are taken into account by the court; the plaintiff and the defendant;
Pay to the employee working under the defendant’s body within the scope of the contract, according to the SGK records signed between them. Dec.
In accordance with the expert witness report, in which the defendant’s liability was determined, it was decided to partially accept the case on the grounds that he could make a request from the defendant in accordance with the provisions of the contract.
The plaintiff’s lawyer appealed against the decision.
As a result of the amendment made by Law No. 5219, the 19th amendment of Law No. 5236. taking into account the revaluation rate included in Oct-4, which is added to the CCM by its article, the certainty limit stipulated in Article 427 of the Civil Procedure Law is TL 2,190.00 for the year 2016.
The amount that the plaintiff’s attorney appealed claiming that the amount you will receive is 5,729.66 TL, which he rejected in the decision on the partial acceptance of the case and the collection of a total of 3,811.04 TL, has been finalized because it remains below the appeal limit in terms of amount. As the Court may decide on appeals of finalized decisions in accordance with the Decision to Merge Decision dated 01/06/1990 and numbered,
Conclusion: For the reasons explained above, it was decided to REJECT the plaintiff’s attorney’s appeal application and unanimously accept the refund of the appeal fee paid in advance upon request on 19.02.2020 due to the finalization of the court decision in terms of the accepted amount.