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(영문) 서울고등법원 2016.05.13 2015나2035995
해직처분무효확인
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the part of the claim for nullification of dismissal is dismissed.

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant 1) The Defendant Company (the Korea Investment Trust Securities Company, the Korea Investment Securities Company, the Korea Investment Securities Company, the Korea Investment Securities Company, the Korea Investment Securities Company, the Korea Investment Securities Company, and the Defendant Company) or the Defendant Company.

(2) On June 1, 1988, the Plaintiff was a trust company engaged in asset management, and was incorporated into one financial branch’s subsidiary on June 1, 2005, and was merged with one IB securities company on November 30, 2008, and engaged in securities business as well as asset management. (2) The Plaintiff is working for the Defendant Company on June 1, 198.

On January 31, 2011, the letter of resignation was submitted.

After February 1, 201, the Plaintiff entered into a contract with the Defendant for appointment of directors (hereinafter “the first appointment contract”) with the effect that “the Plaintiff will receive KRW 85 million from February 1, 2011 to January 31, 2013 as the director appointment of the Defendant Company” (hereinafter “the first appointment contract”); and (2) January 7, 2013, “the contract period from February 1, 2013 to July 31, 2013, the annual salary of KRW 85 million” (hereinafter “the second appointment contract”) respectively, and worked as the branch office of the Defendant Company as the branch office.

3) Around July 16, 2013, the Defendant Company B, a working person in charge of the director appointment contract of the Defendant Company, sent a director appointment contract to the Plaintiff stating that “the Plaintiff shall receive an annual salary of KRW 85 million from August 1, 2013 to December 31, 2013 as the director appointment report.” The Plaintiff signed and sealed the contract and sent it to B (hereinafter “third appointment contract”).

The sum of the "one to three commission contracts" (hereinafter referred to as "one to three commission contracts of this case") shall be "each commission contract of this case".

(4) On August 1, 2013, Defendant Company issued a sales director report to the branch office following the removal of the Plaintiff from the branch office.

B on August 20, 2013, the Plaintiff sent to the Plaintiff a “Agreement on the Change of Terms and Conditions of Appointment” with the content that the annual salary of the third commission contract is KRW 60 million, but the Plaintiff did not sign and seal it.

B. On August 2013, 2013, the Plaintiff 1 was the Defendant Company H.

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