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(영문) 부산지방법원 2017.06.08 2017가합97

계약해지무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The plaintiff is a company that carries on housing management, facilities and building management, etc., and the defendant is a company that carries on the Busan Seo-gu B apartment (hereinafter "the apartment of this case").

(2) On February 24, 2016, the Plaintiff entered into a contract for the consignment management of multi-family housing (hereinafter “instant management contract”) with the Defendant for the instant apartment from March 1, 2016 to February 28, 2017.

B. The Defendant’s request for replacement of the head of the management office and request for termination of the contract (1) The Plaintiff entered into an employment contract with C on March 1, 2016 that the place of work is the instant apartment (hereinafter “instant employment contract”).

(2) After the occurrence of a dispute between the Defendant and C, the Defendant requested the Plaintiff to replace the head of the management office of the instant apartment with another person. On November 25, 2016, the Defendant held a meeting to decide to terminate the instant management contract and notified the Plaintiff of the termination of the instant management contract as of November 30, 2016.

C. The Plaintiff’s payment 1) The Plaintiff changed the Plaintiff’s workplace from November 28, 2016 to its head office from December 1, 2016 to the Plaintiff’s head office (hereinafter “instant personnel order”).

(2) On November 31, 2016, C notified C of the instant order of personnel management, but C rejected the Plaintiff on the ground that the instant order of personnel management was an unfair order of personnel management and labor act. (2) On November 30, 2016, C filed an application for unfair dismissal with the Busan Regional Labor Relations Commission (resan 2015da605) and filed an application for unfair dismissal with C (resan 2015da605). In the instant remedy procedure, C paid 50,000 won to C with settlement payment (hereinafter “the instant agreement”).