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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order issued by Suwon District Court 2015 tea2899.
Reasons
1. Facts of recognition;
A. On June 28, 2013, the Defendant concluded a labor contract with the Plaintiff to have the term of the labor contract from July 1, 2013 to December 31, 2013, and to have it work as a employment-related key counselor, and from July 1, 2013, the Defendant served as a employment-related key counselor at the employment center of the Gyeonggi-do Employment and Labor Agency as a employment-related key counselor.
On December 24, 2013, the Defendant concluded a labor contract with the Plaintiff during which the term of the labor contract was from January 1, 2014 to December 31, 2014, and which is to perform the same duties as the previous one (hereinafter “instant labor contract”).
B. On December 23, 2014, the Plaintiff notified the Defendant of the termination of employment relationship as of January 1, 2015 (hereinafter “instant notification”).
C. On January 2, 2015, the Defendant claimed that the instant notification constituted unfair dismissal and filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission. On February 24, 2015, the Gyeonggi Regional Labor Relations Commission dismissed the Defendant’s application for remedy on the ground that “the instant notification is not an unfair dismissal because the right to renew to the Defendant is not recognized.” On March 26, 2015, the Defendant dissatisfied with the application, filed an application for reexamination with the National Labor Relations Commission on March 26, 2015, and the National Labor Relations Commission dismissed the Defendant’s application for reexamination on the same ground as the instant initial trial court on May 26, 2015.
After that, the defendant filed a lawsuit against the chairperson of the Central Labor Relations Commission under the Seoul Administrative Court 2015Guhap7159, but was ruled against November 12, 2015, and the above judgment became final and conclusive.
E. On December 22, 2015, the Defendant applied for a payment order seeking the payment of the pre-determination allowance for dismissal against the Plaintiff (this Court Decision 2015 tea2899, hereinafter the instant payment order), and on February 13, 2016, the said payment order was finalized.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings.
2. Determination as to whether the advance notice of dismissal occurred
A. The defendant's assertion is that of the plaintiff.