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(영문) 춘천지방법원강릉지원 2017.09.26 2017가합42
해고무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant employs approximately one hundred full-time workers to operate apartment management business, and the plaintiff served as the head of the management office of apartment complexes managed by the defendant upon entrustment.

B. On January 1, 2014, the Plaintiff entered into an employment contract with the Plaintiff Company and served as the head of the management office of the Seocho-si (hereinafter “instant apartment”), and entered into a employment contract on January 6, 2015 with the Defendant and the management office of the D apartment located in the Dong-si (hereinafter “instant apartment”) to serve as the head of the management office of the Dong-si (hereinafter “instant apartment”), and the period of the employment contract was set on January 5, 2016.

C. The plaintiff entered into an employment contract with the defendant as above with the head of the management office of the apartment in this case, the plaintiff prepared and delivered a written pledge to the defendant that "the defendant will not raise an objection, such as the cancellation of membership or disciplinary action, at any time when the grounds for disqualification are discovered under the provisions of the management office."

On April 10, 2015, the council of occupants' representatives of the apartment in this case decided to terminate the entrustment management contract with the defendant in relation to the "cases for the exclusive use of partial reduction of the allowance for the head of the security service and the allowance for the facility engineer following the abolition of the head of the security service."

E. Meanwhile, the auditor of the instant apartment from April 10 to 20, 2015 submitted an audit report containing opinions on 11 cases, such as long-term repair appropriations, fees for inspection of electric measuring instruments, and payment of part of the wages for employees of the security guards, after conducting the 1/4 quarterly audit of the apartment management office of the instant apartment from April 10 to April 20, 2015.

F. On April 17, 2015, the council of occupants’ representatives of the instant apartment, notified the Defendant of the termination of the consignment management contract regarding the instant apartment, and this notified the Defendant.

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