임금
1. The plaintiff's appeal and the defendant limited liability company B and D's appeal are all dismissed.
2. The costs of appeal shall be borne respectively by each party.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the parts used or added by the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary part] Defendant E, “Defendant E,” on the 3th, 11, 14, and 16th, of the judgment of the first instance court, shall be respectively raised to Defendant C.
Part 3 of the judgment of the first instance court, "Defendant D who has taken over the Defendant Company" in part 14 and 15 of the judgment of the first instance court shall be " while taking over the Defendant Company".
Part V through nine of the judgment of the first instance court shall be written as follows.
Unless there exist special circumstances, such as that the representative director of a stock company externally represents the company and domestically has the authority to perform the business affairs of the company, the representative director is merely a formal and professional purpose, and thus, he/she provided labor under specific and individual command and supervision from the actual manager and received remuneration for his/her own nature (see, e.g., Supreme Court Decisions 2009Du1440, Aug. 20, 2009; 2012Da98720, May 29, 2014). The same applies to a limited liability company.
Part V, paragraphs 21 through 6, of the decision of the court of first instance, shall be followed as follows.
According to the statements in the evidence Nos. 6, 7, and 8-1 through 25, the fact that the Plaintiff received a total of KRW 111,126,000 from the Defendant Company as remuneration from November 1, 201 to October 31, 2014 is insufficient to recognize that the Plaintiff was paid KRW 5,00,000 as monthly salary from the Defendant Company, and there is no other evidence to acknowledge this otherwise.
Rather, evidence Nos. 5-1 to 22, evidence Nos. 8-1 to 25, evidence Nos. 19-1 to 62, evidence Nos. 22-1 to 4, and evidence Nos. 23-1 to 4.