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

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

Basic Facts

The defendant is the Korean business office of the manufacturer of the aerospace Machinery and Motor Vehicle Parts in the United States of America.

On May 11, 2011, the Plaintiff became a member of the Defendant Company and was dispatched to C on June 30, 2014 as a Chinese corporate body and served as the vice head of the business team.

On September 22, 2014, the Plaintiff submitted to Defendant Company D’s former official resignation (hereinafter “instant resignation”) based on personal circumstances, along with e-mail.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1, 2, 6, and 7, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the plaintiff's submission of the resignation notice of this case on September 22, 2014 is not done through official procedures, but merely with the difficulty of Chinese service and the bullying of E, a direct and continuous official official, and as such, the plaintiff knew or could have known of the fact that he received the resignation notice from the plaintiff, the plaintiff's expression of intent to resign constitutes a false declaration of intention and thus becomes null and void.

Even if the Plaintiff’s declaration of resignation is valid.

Even if the plaintiff submitted the written resignation of this case, it should be seen as an offer for termination of employment contract.

Since the Plaintiff expressed his intention of withdrawal several times prior to the final settlement of the instant resignation, the Plaintiff’s declaration of intention to resign was valid.

Nevertheless, the Defendant’s act of having the Plaintiff retire according to the instant resignation on December 10, 2014 constitutes a de facto dismissal, and it is null and void as an unfair dismissal since there is no ground for such dismissal. The Defendant is obligated to pay to the Plaintiff KRW 81,704,055 in total (i.e., monthly wage of KRW 5,446,937 x 13 months) and the monthly salary of KRW 5,446,937 that the Plaintiff would receive every month if the Plaintiff had worked normally until his/her reinstatement from January 2015 to March 2016.