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(영문) 서울중앙지방법원 2017.10.17 2017나27333

임금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant concluded a contract with the council of occupants' representatives to manage the B apartment units with the company that operates the apartment management business, etc., and continued to perform the management duties of B apartment units (hereinafter "the instant apartment unit") from August 2, 1992.

B. On January 2016, 2016, the Plaintiff reported job offer advertisements for the central heating system engineers paid by the Defendant, and applied for job placement support.

After that, from January 21, 2016 to April 20, 2016, the Plaintiff served as the Defendant’s employee as the central heating management engineer of the instant apartment.

C. (1) On January 1, 2016, the Plaintiff and the Defendant concluded a labor contract on January 1, 2016 with respect to the above labor contract relationship between the Plaintiff and the Defendant (hereinafter “first labor contract”).

(2) The Plaintiff’s signature and seal was written on January 21, 2016 (hereinafter “second-party labor contract”) and the second-party labor contract was drafted again on January 21, 2016 between January 1, 2016 and December 31, 2016, with one year from 7:00 a.m. to 7:00 a.m. on the following day. (2) On the other hand, the Plaintiff’s signature and seal was written on the pertinent labor contract relations between the Plaintiff and the Defendant on February 16, 2016, and the second-party labor contract was written from January 21, 2016 to April 20, 2016 to 6:0 a.m. to 6:00 p.m. on the following day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s second labor contract is invalid because the Plaintiff did not sign the employee column as the Plaintiff did not consent to the reduction of working conditions (the reduction of the period of employment contract, the change of working hours).

Therefore, the term of the plaintiff's employment contract is in the first employment contract.