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(영문) 대구지방법원김천지원 2015.11.26 2014가단11341

임금 등

Text

1. The Defendant: KRW 9,165,430 to Plaintiff A; KRW 10,820,960 to Plaintiff B; KRW 10,53,400 to Plaintiff C; and KRW 3,442 to Plaintiff D.

Reasons

1. Basic facts

A. On June 13, 2003, I established K and operated an electronic assembly and electronic integrated circuit manufacturing business. On January 2007, 2007, both the type of business, issue, and location of K were the same L corporation as K (hereinafter “L”) and operated the business under the name of K workers by converting all of its employees into L, and on April 2012, L’s account was seized as a disposition of national tax in arrears around April 2012, and thereafter, the employee’s affiliation was changed to K again.

B. Around December 20, 2012, the Defendant proposed that I have a claim amounting to KRW 240 million against I, and that I shall be paid the said claim, “I shall be in charge of the management of funds, and I shall be in charge of the business and production, and the tax shall be adjusted by normalizing L, and the I shall be in full payment,” and I accepted the above proposal and agreed that I shall receive KRW 300,000 per month from L’s profits and shall appropriate the remainder for the repayment of the Defendant’s claim.

C. On December 20, 2012, the Defendant entered into a sales contract for movable property and corporeal movables with the following: (a) as to the entirety of L’s business facilities between I and I, by lending money to the seller (I), the amount determined by mutual agreement between the buyer and the movable property; and (b) the remaining amount shall be offset against a certain part of the movable property and corporeal movables; and (c) the remaining amount shall be offset against the profits remaining after the operation of machinery in the building. The seller may use it, but the buyer shall manage the profits.

(hereinafter “instant sales contract”). D.

On December 27, 2012, the Defendant concluded a lease agreement with I to transfer the lease deposit amount of KRW 40 million with respect to the workplace, and to find the lessor, and to pay KRW 12 million with respect to the overdue rent of L, and to the lessee as the Defendant, and to replace the deposit amount of KRW 40 million with L.

E. On December 27, 2012, I combine K and L below with K on December 27, 2012, “K, etc.”