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(영문) 창원지방법원 2018.11.15 2018나52706
퇴직금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around 2009, the Defendant entered into a contract for bus operation services with B Co., Ltd. (hereinafter “B”), and a contract for entering into with C in relation to the said service contract.

C submitted to the Defendant a letter of undertaking (No. 2) as follows:

I retire from B and receive B through B with the honorable treatment of OB.

The 3rd vehicle operation with a large-scale engineer, and since the contract itself does not take place for the personal use, the name of the Roman is attached to the registered vehicle of the corporation.

It is therefore agreed that D. The borrower of the D. B will have the authority to all the parts of the vehicle belonging to Yong-Maro only to the corporation number plate.

B. From May 1, 2009 to June 29, 2016, the Plaintiff, as a driver of D vehicle, who is a branch of C, performed the operation of B transit bus.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 9, Eul evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. On June 10, 2016, the Defendant filed against the Defendant for remedy against unfair dismissal that the Plaintiff raised against the Defendant, and agreed to bring an objection against the Plaintiff on June 10, 2016, with respect to the termination of labor relations, and accordingly, the Plaintiff’s lawsuit of this case is unlawful as having no interest in the protection of rights.

In full view of the purport of the argument in Gap evidence No. 5, the plaintiff filed an application against the defendant for unfair dismissal. On June 10, 2016, the above remedy case with the plaintiff and the defendant paid KRW 3,900,000 to the plaintiff. The plaintiff shall submit a resignation document to the land owner operator (C). The plaintiff shall not raise any administrative, civil, or criminal objection against any matter arising from the mutual relationship until now.

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