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(영문) 수원지방법원 2017.04.14 2015나43629
임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "the fact that the construction technology qualification certificate was returned" in Section 2 of Section 4 in the judgment of the first instance is "the fact that the construction technology qualification certificate was returned"; "the plaintiff's wife" in Chapter 6 shall be "the defendant's wife"; "the payment of wages in substitution 9" shall be "payment of wages"; and "the payment of wages" in Chapter 5 shall be as "the payment of wages"; and the reasons for the judgment of the first instance shall be as follows, except for the determination of the plaintiff's assertion added in the trial, and shall be cited as it is in accordance with the main sentence of Article 4

2. Judgment on the Plaintiff’s additional assertion

A. Plaintiff’s assertion 1) On December 17, 2012, the Plaintiff asserted a non-permanent payment agreement between the Defendant and the Defendant for the payment of remuneration agreement shall be deemed to have concluded an employment contract or delegation contract on the condition of the construction permission for the instant new performance hall under Article 150 of the Civil Act, on the ground that the Plaintiff and the Defendant entered into an employment contract on December 17, 2012, with respect to the instant performance hall construction and the corporation’s business to be established in the future, and the Plaintiff filed an administrative litigation as to the installation cost related to the instant new performance hall and notified the Plaintiff of the fact that it is difficult to proceed with the instant new performance hall construction work at the time of the commencement of the instant performance hall.

This constitutes “when the Defendant, who is the party to be disadvantaged due to the fulfillment of the conditions, interferes with the fulfillment of the conditions against the good faith and trust,” and thus, the Defendant is deemed to have fulfilled the construction permit conditions for the construction of the above performance hall in accordance with Article 150(1)

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