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(영문) 서울중앙지방법원 2012.10.30 2011가합111768

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 7, 1992, the plaintiff of the lawsuit seeking confirmation of invalidity of dismissal and wage claim was employed by C Co., Ltd. (hereinafter referred to as "C") and worked as the head of marketing division on May 13, 1998, and filed a lawsuit seeking confirmation of invalidity of dismissal and wage claim (hereinafter referred to as "the lawsuit seeking confirmation of invalidity of dismissal and wage claim") against C in its deputy branch court of the Seoul District Court (hereinafter referred to as "C") on July 6, 200, and confirmed that dismissal against C on May 13, 1998 is null and void. C was sentenced to the judgment of Seoul High Court on May 14, 1998 to pay money in proportion to 2,602,70 won each month from the date the plaintiff is reinstated to the date the plaintiff is reinstated, and C was appealed by the Seoul High Court (C) on May 14, 1998, but the appeal was withdrawn on April 16, 2016.

B. Around February 14, 2000, the Defendant, a U.S. medical device company, entered into a M&A agreement with C on November 1, 1999 after acquiring the shares and management rights of E Co., Ltd. and acquired the shares and management rights of C on or around February 29, 200. A merger registration was completed on September 29, 200, and on February 1, 2005, the Defendant changed the name of the Defendant on February 1, 2005.

(2) On February 14, 200, when the first instance court of the lawsuit seeking confirmation of invalidity of dismissal and wage claim as of February 14, 200, when serving as a labor advisory station for the defendant personnel management of the case, D, which was in charge of C’s succession to employment and reinstatement of dismissal, etc., recognizes that the dismissal of the plaintiff against C’s representative director under the name of C’s representative director, when negotiating with C for the plaintiff to deal with the issue of restoration of the plaintiff’s reinstatement and payment of wages, etc., is unfair measures. If the plaintiff participated in the lawsuit seeking confirmation of invalidity of dismissal and wage claim of this case, he/she shall immediately return to the plaintiff and immediately return the plaintiff, calculate and pay the wages from the date of the dismissal to the date of reinstatement, as well as mental and physical caused by unfair dismissal.