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(영문) 부산지방법원 2018.11.15 2017가합50757
해고무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 10, 2016, the Defendant concluded a delegation contract with Plaintiff A, and the delegation contract with Plaintiff B, respectively, to pay KRW 20,000,000 to Plaintiff A as monthly salary, and KRW 10,00,000 to Plaintiff B as monthly salary. On June 2016, the Defendant concluded a delegation contract with Plaintiff C for the appointment of the vice president with the delegated position, and paid KRW 12,00,000 as monthly salary.

(hereinafter referred to as “each of the instant commissioning Contracts”) B.

Plaintiff

A on November 1, 2016, with Hyundai Capital Co., Ltd., a long-term rental car contract for ENAS car; Plaintiff B entered into a long-term rental car contract for F cases (K) 7 automobiles with Korea Capital Co., Ltd. on October 27, 2016; used each of the above automobiles for business; and the Defendant paid each of the above car rents.

In the letter of resignation: The above person shall take steps to resign from his office on the ground of his personal reasons and shall be in the state.

Done at March 16, 2017: (Signature)

C. On March 16, 2017, the Plaintiffs signed each of the resignation forms as follows (hereinafter “each of the instant resignation”) and submitted each of them to G of the Defendant representative director.

On March 23, 2017, the Defendant notified Plaintiff A and B of their retirement on May 17, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, and Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) The Plaintiffs, as the Defendant’s employee, submitted each of the instant resignations under the pressure of the Defendant’s representative director, even though they did not intend to resign, and the declaration of intention to resign was null and void as it falls under Article 107 of the Civil Act. As such, the Defendant’s notification of retirement to the Plaintiffs pursuant to each of the instant resignations and the Defendant’s notification of dismissal from office is null and void as it did not go through justifiable reasons or procedures as stipulated

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