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(영문) 서울고등법원 2019.05.17 2018나2052212
해임결의 무효확인
Text

The plaintiff's claim that the court changed in exchange is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. The grounds for this part of the judgment of the court are stated in the reasoning of the judgment of the court of first instance.

(2) The Plaintiff’s assertion was received monthly payment of KRW 1,648,00, which is an allowance for the position of the head of the branch office from the Defendant. From March 2018 to December 2018, the Plaintiff was not paid the remainder of KRW 11,111,00 ( KRW 1,648,000 x 10 months x 10 months - 5,369,000), excluding KRW 5,369,000, which was unfairly dismissed from the office of the head of the branch office.

As long as a resolution to dismiss the president of the branch office of March 8, 2018 is null and void, the defendant is obligated to pay the unpaid position allowance to the plaintiff.

3. Determination

A. Whether the resolution of dismissal of this case was valid or not is stated in this part of this decision as stated in Paragraph (3) of the reasoning of the judgment of the first instance.

(main sentence of Article 420 of the Civil Procedure Act).

In conclusion, unless there are circumstances to deem the resolution of dismissal of this case null and void, the Plaintiff’s claim with different premise is without merit without further examining.

4. According to the conclusion, the plaintiff's claim that was changed to exchange in this court is dismissed as it is without merit. It is so decided as per Disposition.

(The judgment of the first instance court was invalidated because the lawsuit seeking confirmation of invalidity of the resolution of dismissal was withdrawn due to the exchange change in this court).

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