beta
(영문) 창원지방법원밀양지원 2014.04.11 2012가합579

약정금

Text

1. The Plaintiff:

A. As from September 27, 2012, Defendant B: 57,217,939; and

B. Defendant C shall be KRW 12,786,159 and

Reasons

1. Basic facts

A. The Plaintiff Company is a limited partnership established by the Defendants, who are general partners, D, E, F, and limited partners on January 1, 1995, for the purpose of collecting and transporting general wastes.

B. Defendant C became a general partner on February 15, 200, and transferred his/her share to G on November 29, 2010, and withdrawn from the company. Defendant B became a general partner on December 3, 2010, and transferred his/her share to H on December 6, 2010.

C. The Defendants, while serving as the representative or limited partner of the Plaintiff Company, delivered false books, etc. as if they were paid wages to employees who did not work from January 2, 2005 to December 2, 2010, and acquired them as wages for street cleaners by receiving them totaling KRW 413,736,336 in terms of wages for street cleaners, and Defendant C fabricated the book as if he paid wages to employees who did not work as above from January 2006 to December 2008, and was prosecuted for the crime of embezzlement of KRW 206,650,000 equivalent to the said wages, and on May 11, 201, Defendant B was sentenced to suspended sentence of ten months in prison, Defendant C was sentenced to suspended sentence of two years in prison for social service and 120 hours in prison for one year and six months, and the above judgment became final and conclusive around that time.

Changwon District Court (Seoul District Court 201No. 46) d.

Around February 2011, when the above criminal trial was in progress, Defendant C’s wife requested the court to reach an agreement by finding a representative member of the Plaintiff Company at the time. The aboveJ demanded that Defendant C did not accumulate the retirement allowances of its employees during the period when the Plaintiff Company was operated as the representative of the Plaintiff Company, and thus, it would have demanded that Defendant C do not accumulate the retirement allowances of its employees.

E. Accordingly, on behalf of the Defendant C on the 15th day of the same month, I, on the 15th day of the same month, agree to pay the retirement allowance of the employee who was not accumulated in the Plaintiff Company for the period during which the said C had operated the Plaintiff Company in equal 1/5 with the Defendant B, etc. who was a member of the company at the time.