1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 13, 200, the Plaintiff was employed by the Defendant who was engaged in passenger transport business and worked as a bus driver. From June 1, 2013, the Plaintiff was also in charge of recommending the Defendant to be employed as a bus driver.

B. On December 17, 2015, the Plaintiff submitted a written resignation to the Defendant and withdrawn his/her intention to resign.

C. On the 21st day of the same month, the Plaintiff again presented to the Defendant a resignation letter stating that “the Plaintiff would be forced to resign due to an individual cause” (hereinafter “the resignation letter of this case”), and the Defendant accepted it.

【Ground of recognition】 The fact that there has been no dispute, entry of Nos. 4 and 17, the purport of the whole pleading

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the resignation in this case was submitted formally for the interim settlement of retirement allowances, and the Defendant also received a resignation notice with the knowledge of such circumstances. As such, the declaration of intention to resign by the submission of the resignation in this case is null and void by a declaration of intention or a false conspiracy, not by the truth, and the Defendant’s retirement disposition based on the above resignation is also null and void. Thus, the Plaintiff seeks confirmation against the Defendant

B. The expression of intention, which is not a short intention, in the expression of intention, refers to the expression of intention of the person who intends to express a specific content, and it does not refer to the expression in the genuine mind. Thus, even if the person who made the expression of intention does not bring the expression in the genuine mind, it cannot be deemed as an expression of intention, not an intention lacking in the internal deliberation effect, in a case where the person made the expression of intention in the present situation.

(See Supreme Court Decision 2002Da11458 delivered on April 25, 2003, etc.). In light of the above legal principles, the evidence and the evidence mentioned above are examined as health unit and Gap.