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(영문) 서울서부지방법원 2016.03.17 2015가합2027
손해배상
Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant Company is a corporation with the objective of real estate development business.

On October 6, 2009, the Plaintiff was respectively registered as a director and a representative director of the Defendant Company, and on February 28, 2014, the registration was completed on October 6, 2012 that the Plaintiff retired from office as a director and a representative director of the Defendant Company.

B. On March 7, 2014, the Defendant Company issued a notice of dismissal of the representative director and director to the Plaintiff on February 28, 2014, stating that the registration of retirement was made on February 28, 2014 in accordance with the resolution of dismissal of the Plaintiff at the temporary general meeting of shareholders of the Defendant Company, and that the payment of remuneration to the Plaintiff would not be made from March 11, 2014.

(hereinafter referred to as "the dismissal of this case"). [Grounds for recognition] Gap evidence 3, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the claim for nullification of dismissal

A. A. Around October 1, 2013, the Plaintiff asserted that the Defendant Company concluded a labor contract between the Plaintiff and the Plaintiff on the terms of KRW 120 million including the Plaintiff’s annual salary and retirement allowances, and the term of the contract from October 1, 2013 to September 30, 2014, the Defendant Company dismissed the Plaintiff as of March 10, 2014 without undergoing the pre-announcement of dismissal as of March 7, 2014 during the term of the labor contract.

Therefore, since the dismissal of this case is invalid in a procedural and practical manner, it is sought to confirm the invalidity of the dismissal.

B. There is no benefit in filing a lawsuit seeking nullification of dismissal, in principle, since it is difficult to view that a judgment seeking nullification of dismissal is valid and appropriate in order to recover the original status and status based on an employment contract, if the term of the employment contract is expired after the dismissal with respect to a labor contract setting the period of validity of a claim seeking

Therefore, we examine ex officio the plaintiff's interest in seeking confirmation of invalidity of the dismissal of this case.

Plaintiff

Even according to the assertion, the above employment contract is the period of September 30, 2014.

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