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(영문) 서울남부지방법원 2018.01.11 2015가단229529
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s education and training expenses, interest, and all other all other obligations against the Defendant (Counterclaim Plaintiff) are as follows.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On November 2007, Plaintiff A joined the Defendant to serve as an aircraft pilot, and went away on November 1, 2013. Plaintiff B joined the Defendant on November 1, 2007 to serve as an aircraft pilot and retired on March 31, 2013.

B. The Defendant provided education and training to its employees for the purpose of having them acquire necessary knowledge and skills concerning the operation of aircraft, and the main contents of the Defendant’s “the procedure for the implementation of individual education and training regulations” (hereinafter “instant education and training regulations”) which determined the matters concerning the implementation of such education and training are as follows.

6.2. Loan of entrusted education expenses (1) The company shall fully lend education expenses entrusted to the principal himself/herself;

6.3. Employees who have participated in the repayment of entrusted education expenses. (1) Employees who have participated in entrusted education are obliged to repay the education and training expenses lent by

(2) Education and training expenses to be repaid pursuant to the provisions of the preceding paragraph shall meet the following requirements:

(3) Expenses referred to in subparagraphs 3 and 4 of the preceding paragraph shall include expenses referred to in subparagraphs 3 and 4 of the preceding paragraph, and if the amount is determined, it shall be deemed as included in transactions between the company and the educational and training institution, and shall be calculated in accordance with ordinary standards, on the basis that such expenses are included in transactions related thereto between the company and the educational and training institution.

In addition, even if there is no transaction related to entrusted education and training, the relevant education and training shall be deemed a donation to the company and calculated according to the ordinary standards

(4) The repayment date of the expenses for commissioned education shall be as follows from the date of the completion of commissioned education:

- When the education period is more than two months and less than six months, within 36 months from the date of completion of commissioned education, provided that flight crew.

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