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(영문) 서울고등법원 2016.12.23 2016나2025520
선원관리업체계약확인해지통보및계약자지위
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the claim for nullification of the notification of termination of the contract is filed.

Reasons

1. The reasoning for this Court’s explanation is the same as the part of “1. Basic Facts” of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this Court cites this part by the main text of Article 420 of the Civil Procedure Act.

The "Basic Contract" from the second bottom of the judgment of the first instance to the "Basic Contract" shall be regarded as the "Basic Contract of this case".

The following shall be added in front of the fourth to the fifth half of the decision of the first instance:

On February 11, 2014, the Defendant notified the Plaintiff of the fact that the withdrawal rate as of the end of February 2013 falls under the subject of termination of the contract (the cumulative withdrawal rate exceeds 40%), and the Plaintiff submitted the relevant materials by February 14, 2014, stating that the cumulative withdrawal rate is less than 40% and that the cumulative withdrawal rate is less than 40%.

E. On April 17, 2014, the Defendant requested the Plaintiff to submit data on the fact of departure of a seafarer, and notified the foreign seafarer, who failed to submit explanatory materials by April 20, 2014, to the effect that he/she should be deemed to leave, and that he/she would be re-calculated at the end of the year of 2013.

On May 8, 2014, the Plaintiff submitted to the Defendant data on the status of departure from Korea.

F. Around May 13, 2014, the Defendant requested the Plaintiff to submit additional data, and notified the foreign seafarer who failed to submit evidentiary data by May 15, 2014, deeming the foreign seafarer to have left the place of residence, and notifying the Plaintiff that it is inevitable for the Plaintiff to terminate the contract.

(d) The defendant shall open "(g)" to "(g)" and "Ma.(e)" to "h.(h)" to "h.(h)" to "h.

From the fifth to the fifth judgment of the first instance court, six lines shall be followed as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 4, 5, 8, and 12, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

(a) the invalidity of the notification of termination of the contract and the contractor;

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