logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.26 2016나2038151
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 25, 2011, the Plaintiff registered his/her business as “the opening date: May 20, 2011; the location of his/her place of business: 3 and 5 floors in Mapo-gu Seoul Mapo-gu Seoul J building; and the trade name: The Plaintiff operates the Aviation Crew’s Institute after completing business registration.”

On July 18, 2014, the Plaintiff was issued a business registration certificate by correcting the registered content as “the opening date: July 20, 2012; the location of a place of business: three floors in the J building; and the trade name: KRA.”

B. On April 2009, the Defendant entered into an employment contract with the Dispute Resolution Co., Ltd., and the above employment contract states that the Defendant and the “C Company A” are the parties, and the seals affixed to the “C” side of the “C Company A” are affixed. However, according to the overall purport of each of the entries and arguments in Nos. 1, 3, 32 and Nos. 1 and 5 (including each number, if any) and all of the arguments, it is recognized that the Plaintiff, who was the representative director of the Dispute Resolution Co., Ltd., at the time, entered into the employment contract with the Defendant on behalf of the Defendant.

The above employment contract provides that " even if the defendant created and operated by an individual, such as a carpet, it shall exceed the operating right of the company at the time of retirement."

In addition, even in the annual salary contract concluded on July 1, 2010 between the Defendant and the Dispute Resolution Co., Ltd., the term “B (Defendant)” means that, in the event of termination of the contract, “B (Defendant)” means, “B (Defendant) will exceed the operating right in the event that A (StateC) created and operated by an individual.”

The above annual salary contract states "C" as the user "A" and states "C representative director" at the bottom of the contract. According to the purport of each of the statements and all of the statements in Nos. 1, 3, 32, and No. 1 and 5 (including each number, if any) and all of the arguments, the above annual salary contract is a contract concluded between "C" and the defendant.

C. Meanwhile, from June 201, the Defendant served in the “D Private Teaching Institutes” operated by the Plaintiff (hereinafter “Plaintiff’s Private Teaching Institutes”) and retired on February 28, 2015.

arrow