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(영문) 서울고등법원 2020.01.17 2019누44172
부당해고구제재심판정취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts used or added by the court of first instance as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(Other matters alleged by the plaintiffs in the trial are not significantly different from the contents alleged by the plaintiffs in the first instance court, and even if all of the evidence submitted in the first instance and the trial were examined, the judgment of the first instance court that rejected the plaintiffs' assertion is justifiable). [The part to be corrected or added] 7 pages 8 of the judgment of the first instance court, "Nos. B Nos. 1, 3, 21 and 25" are "Nos. 1, 3, 21 and 25."

The following shall be added to the 8th of the judgment of the first instance, 13th of the said 13th of the said judgment:

Although the above contract was drafted at around February 2016, when two years have elapsed since the time when the transaction of special goods was commenced between the intervenor company and L, the possibility that the above restriction existed even prior to the preparation of the contract cannot be ruled out, in light of the fact that there was no objection or request for negotiation on the above provision in the course of the preparation of the contract.

From 8th of the first instance judgment, the following shall be added to three:

④ Also, from January 2014 to June 2014, and from January 2017 to January 2017, AK, which is in charge of the Intervenor Company’s regular business, is not allowed to sell online or set-out on the other hand, by diverting the top-down goods for general distribution, while it is not allowed to sell online or set-out in the relevant criminal case, “Formally, in the supply of goods after receiving goods from the final supplier, but there is no procedure to confirm where the final supplier is the final supplier.”

It is known that the resale should not be made.

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