(영문) 서울고등법원 2018.01.12 2017나2051649

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.01.12 2017나2051649

해고무효확인

Text

1. Revocation of a judgment of the first instance;

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

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. A part citing a judgment in the first instance;

A. The quoted part of this Court

1. Basic facts

2. The parties’ assertion and

3. Determination on the claim to nullify the dismissal action

A. Facts recognized

B. The reasons for the explanation to the determination of the existence of the grounds for disciplinary action are as follows: (a) the part of the “1. Basic Facts” of the judgment of the first instance, “1.’s assertion of the parties”, and “decision on the claim to nullify the invalidity of the disposition of dismissal 3.’,” and (b) the part of the “decision on the existence of the grounds for disciplinary action” (Articles 8 through 7, 10). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the modification of the

B. 1) Following the second 13th 2th 13th m of the first instance judgment (hereinafter “the Act on Real Name Financial Transactions”) the “Article 3(1) (financial companies, etc. shall perform financial transactions in the real name of the traders)” is added. 2) The first instance court’s decision No. 4th 17th m2 is correct.

3) The end of the first instance court's decision No. 4 is as follows: "this court" is as "the court of first instance"; "the plaintiff" of the fifth first instance is as "by the plaintiff"; "the part within the overall heading of the sixth 11 and 12" is as "including any number other than the case where the number is indicated particularly; hereinafter in the first instance court's decision, it includes 23,24" in the second 6th 1st , and "No. 20,21th 1st 6th ," respectively.

4) It is difficult for the first instance court to see the second sentence (However, the first sentence to 4) on the same side.

The term "the Act on Real Name Financial Transactions" and "the Act on Real Name Financial Transactions and the Rules of the Defendant" in the 9 and 10th of the same side are deleted as "the Act on Real Name Financial Transactions".

2. The part that is corrected in the judgment of the first instance;

(a) The judgment of the first instance court that differs from the judgment of the first instance court of this Court on modified details

3. The judgment on the claim for nullification of dismissal is the “judgment.”

Any disciplinary action shall be taken against the legitimacy of such action.

참조조문

-금융실명거래 및 비밀보장에 관한 법률

-민사소송법 제420조

유사 판례

-서울고등법원 2017.12.22 2017나2030109

-서울고등법원 2018.02.02 2017나2056002

-서울고등법원 2017. 12. 22. 선고 2017나2030109 제15민사부 판결

-서울고등법원 2017.05.26 2016나2080428

-서울고등법원 2019.02.15 2018나2029045