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(영문) 서울동부지방법원 2011.02.21 2010가단45419
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On April 28, 1997, the non-party C Bank (hereinafter “C Bank”) concluded an employment contract with a view to early construction of a system to handle project financing business through securing professional human resources with business experience and marketing ability, and securing market access ability, including the conclusion of an employment contract, to employ the Plaintiff as human resources for international financial special debt, for three years by entering into an employment contract with the Plaintiff on a yearly basis, but at the expiration of that period, to determine whether to extend the employment period or to be employed as a regular employee under mutual agreement.

(2) Accordingly, the Plaintiff was employed on July 1, 1997 as the team leader in charge of international financial affairs of the C Bank, and then renewed the employment contract with C Bank over four times before and after the expiration of the employment contract each year with C Bank, and served as the review board leader, strategic innovation director, credit supervision director, risk management director, and credit supervision team leader.

(3) The employment contract prepared by the Plaintiff and C Bank at the time of renewal of each of the above employment contract stipulated earlier termination of the employment contract as the grounds for termination of the employment contract at the time of termination of the employment period. The grounds for early termination of the employment contract clearly fall short of the Plaintiff’s achievement, the Plaintiff’s intentional negligence, thereby causing damage to the Defendant Bank, and the Plaintiff violated all the terms and conditions of the employment contract, and the employment contract prepared at the time of each employment contract in 200 and 2001, which was concluded three years after the date of the first employment contract, clearly stated that the Plaintiff is employed as a contractual expert as stipulated in the bylaws of C Bank.

(4) Around July 1, 2000, the Defendant served as the personnel director of the C Bank.

B. The content of the above contract manpower management guidelines as stipulated in the related provisions shall have a time limit for the performance of specific duties as required by the bank.

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