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(영문) 인천지방법원 2020.01.09 2018가합59846

해고무효확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 2004, the Defendant entered into a service contract with D Co., Ltd. (hereinafter “D”) that runs the repair business of communications equipment such as mobile phones, etc., regarding the delivery business related to the terminal AS received from E Co., Ltd. (hereinafter “E”)’s place of business (AS center, branch, direct management store) or its direct and indirect distribution network (a total of agency, sales store, and distribution network; hereinafter “agency, etc.”).

B. On April 2004, Plaintiff A and Plaintiff B, around December 1, 2010, entered into a contract with the Defendant on the receipt of a mobile phone terminal, etc. from a person designated by the Defendant, using and transporting the vehicle owned by the Plaintiffs, and also deliver it to the person designated by the Defendant, and receive monthly service fees from the Defendant (hereinafter “instant contract”).

Since that time, the plaintiffs performed delivery business related to terminal AS in the Daejeon area.

C. Meanwhile, the main contents of the instant contract concluded between the Plaintiffs and the Defendant are as follows.

(based on the contract entered into on October 1, 2013. The monthly service fee of Article 6(1) is KRW 1,771,100, and KRW 1,781,100 for Plaintiff B. The Defendant (hereinafter referred to as “A”) and Plaintiff A/B (hereinafter referred to as “B”) enter into a transportation contract with mobile telephone terminal AS Quick delivery service contract as follows.

-(Definitions) of the terms used in this Agreement are defined as follows:

1. The term “goods” means mobile telephone terminals, and peripheral devices designated by A;

3. The term "paid goods" means the uniforms, repair request, various habitats, etc. that A pays to B in connection with the performance of his/her duties;

4. The term “vehicle” means a two-wheeled vehicle or a vehicle considered necessary by Party A due to its nature in the course of performing its duties;