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(영문) 창원지방법원 진주지원 2017.02.08 2016가합10585
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant as a party (hereinafter “Defendant Nonghyup”) is a local agricultural cooperative established under the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”) with the aim of improving the economic, social, and cultural status of its members by enhancing the agricultural productivity of its members, promoting the expansion and facilitation of the distribution of agricultural products produced by its members, and providing technology, funds, materials, and information necessary for its members.

Around July 16, 1993, the Plaintiff was employed by Defendant Nonghyup and worked as the head of the economic division from March 1, 2014 to August 21, 2015, and was subject to disciplinary action on August 21, 2015.

B. Defendant Agricultural Cooperative Co., Ltd. 1) entered into a credit transaction agreement with a food material distributor instead of a direct real transaction with the purpose of increasing the performance of Defendant Agricultural Cooperative’s economic business as a result of performance in around 2014, and Defendant No.C. 1 entered into a credit transaction agreement with the relevant distributor, and directly purchased and sold agricultural products, but in the account of accounting, Defendant No.C. purchased agricultural products at the purchase headquarters, and disposed of as if it again sold agricultural products at the relevant distributor, and then handled the purchase price as if it were directly paid by Defendant No.C. 1 to the purchaser and then repaid the purchase price to Defendant No. 3, and the relevant distributor paid the purchase price plus the commission (hereinafter “the instant abnormal transaction”).

(2) Defendant A et al., using the above abnormal transaction method, had no intent to engage in the real transaction of agricultural products and had no capacity to pay the purchase fees to Defendant AFF, by deceiving Defendant AFF under the name of Defendant AFF, and had no capacity to pay the purchase fees. Defendant C et al. had no intent or ability to pay the purchase fees even with the supply of agricultural products.

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