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(영문) 서울북부지방법원 2015.09.02 2014가합25201
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The defendant, based on the facts that the plaintiff had not yet been established at source, asserts that the lawsuit of this case seeking confirmation of invalidity of dismissal and payment of unpaid wages against the defendant is unlawful. However, the lawsuit of this case cannot be deemed unlawful merely on the ground that the above ground alleged by the defendant cannot be deemed unlawful. Thus, the defendant's defense is without merit.

2. On the merits, the Plaintiff asserts that the Defendant, on December 5, 2013, employed the Plaintiff as the president of the C Care Center operated by the Defendant and unfairly dismissed the Plaintiff on July 16, 2014, the Plaintiff sought payment of unpaid wages against the Defendant from July 1, 2014 to the date of reinstatement.

According to the evidence No. 1-2, No. 1-2, No. 2-2, No. 3-1, No. 3-1, No. 3-2, and No. 4-1 of the evidence No. 4, the Defendant, who is the installer of the Seongbuk-gu Seoul Metropolitan Medical Care Center (hereinafter “instant Medical Care Center”), prepared a labor contract that employs the Plaintiff as the director of the said Medical Care Center (hereinafter “instant contract”) on December 5, 2013. The Plaintiff worked as the director of the instant Medical Care Center from around that time to July 16, 2014, and was paid KRW 3 million each month during the service period.

However, comprehensively taking account of the aforementioned evidence and evidence Nos. 8-3 through 6, Gap evidence Nos. 9-1 through 4, Eul evidence Nos. 5 and 17, and the purport of the entire pleadings, the defendant purchased the land of Seongbuk-gu Seoul (hereinafter "the land of this case") and the medical care center of this case at KRW 1.870,50,000,000,000 from financial institutions to raise the funds, and the defendant invested KRW 330,000,000,000 from financial institutions, and KRW 140,000,000 from E (the remaining amount of investment after deducting the purchase price shall be used as operating expenses of the above medical care center), and the plaintiff amounting to 300,000,000 won out of the above loans.

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