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(영문) 인천지방법원부천지원 2019.06.14 2018가합104794
해고무효확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

가. 피고는 토목건축공사업 등을 영위하는 회사인바, 2018. 6.경 주식회사 C(이하 ‘C’이라고만 한다)의 전략사업팀 이사인 원고로부터, 태국 정부가 추진 중인 D사업 및 그 관련 사업(이하 ‘이 사건 사업’이라고 한다)에 C과 공동으로 참여해보자는 제안을 받고, 이를 받아들여, 2018. 7. 4. C과 사이에 아래와 같은 주요내용이 포함된 양해각서(이하 ‘이 사건 MOU'라고 한다)를 작성하였다.

The Defendant and C intend to jointly prepare and submit proposals and/or reports to participate in the instant project and/or reports, and confirm that they have the intent to establish partnership in the instant project.

3. At the preparation stage of the proposal, the defendant is in principle responsible for the confirmation of the project district and the preparation of financial resources as the project owner of the project in this case, including the technical advisory matters of this case.

4. For the success of the instant project from the preparation stage of proposals, C shall assist and cooperate with the Defendant on matters of authorization, including confirmation of the project territory and financing for the instant project, and negotiations with the Government of Thailand.

5. The Defendant and C shall, in consultation with each other, examine other additional projects promoted by the Government of Thailand other than the instant project and shall consult to actively participate in the project.

6. After the conclusion of this MOU, the Defendant shall appoint a person designated by C as a regular manager of the Defendant’s management planning team for the instant project in accordance with the Defendant’s internal procedures, and the relevant number of persons in collaboration with the project team within the Defendant shall carry out the instant project.

B. On the same day as the date of concluding the instant MOU, between the Plaintiff and the Plaintiff designated by C pursuant to Article 6 of the instant MOU, the Defendant separately determines the position as managing planning team’s managing director, the term of the contract from July 4, 2018 to July 3, 2019, the monthly salary of KRW 6.25 million (annual salary of KRW 75 million), and bonuses when the grounds for payment arise.

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