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(영문) 서울남부지방법원 2015.07.10 2014가합109946
해고무효확인
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 is a company that operates a computer program development and sales business, credit card transaction approval service business, etc.

The plaintiff is a person who became a member of the defendant around 200 and used and worked as a vice-chairperson, etc. until he/she is notified of dismissal on July 11, 201.

From around 2005, the Plaintiff practically managed D Co., Ltd. (hereinafter “D”) in which C, the spouse of which is the representative director, was changed to E.

B. The Defendant’s commission agreement 1) The Defendant, a mail order agent, is the F Co., Ltd. (hereinafter “F”).

(2) F has operated a business that purchases card terminals for exclusive purchase of alcoholic beverages from the seller of alcoholic beverages without compensation and receives commission for the settlement of alcoholic beverage prices from the wholesaler of alcoholic beverages. (2) F was treated as default on August 2005.

The Defendant agreed between the Plaintiff and the Plaintiff representing D to operate the Overseas Telecom Sales Agency in the name of D, and to pay to the Defendant after undergoing settlement procedures, such as the cost of terminal operation, solicitation agency fee, etc. (hereinafter referred to as “fee”) to which D is paid from the Overseas Telecom.

3) The Scomcom is a national bank passbook (hereinafter “D passbook”).

A) The Plaintiff paid the fee, and the Plaintiff transferred the fee deposited in D passbook from January 2006 to February 201, 201 to the Defendant’s account pursuant to the above agreement. The D head of the Tong, from January 2006 to July 3, 2008, was managed together by G of the Plaintiff and the Defendant’s representative director, and the Plaintiff was in the mixed management. (c) The Plaintiff was in conflict with the Defendant’s management and fee settlement from February 201, 201. On July 11, 2011, the Defendant notified the Plaintiff of the dismissal on the ground of the failure in trust relationship. [The Plaintiff did not have dispute over the grounds for recognition, A, 1, 2, 10, 15, and B.

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