beta
(영문) 서울고등법원 2019.04.24 2018나2037428

분배약정금

Text

1. The plaintiff's appeal against the defendants and the conjunctive claim against the defendant B added by this court.

Reasons

Basic Facts

(1) Defendant B is the representative of “D” who carries on the export business of bamboo satis and various products since 1994, and Defendant C has actually been operating D with Defendant B’s spouse. (2) The Plaintiff was working as D’s director from May 1, 2002 to June 30, 2016 after his retirement from U.S. corporation, while working as D’s director from May 1 to June 30, 2016.

(1) On May 10, 2017, the Plaintiff filed a complaint with the Seoul Regional Employment and Labor Agency on the following grounds: (a) on May 10, 2017, the Plaintiff asserted: (b) “The Plaintiff entered from May 2002 to D in order to prepare trade and English documents related to the export of bamboo and left away after being notified of his dismissal by Defendant C; and (c) on the Plaintiff, the Plaintiff did not pay retirement allowances, overdue wages, pre-announcement of dismissal allowances, etc. reflecting performance rates and rewards; and (d) on July 10, 2017, the Defendant B filed a complaint against the Defendant C due to the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act. (b) On July 10, 2017, the Defendant paid the Plaintiff KRW 11,231,371 recognized as retirement allowances.

On May 25, 2016, immediately before the Plaintiff’s business registration was retired from D, the Plaintiff completed the Plaintiff’s business registration with the trade name “R” as its representative.

[Grounds for recognition] In 202, the Plaintiff asserted that there was no dispute, Eul evidence Nos. 2, 5, 10, and 12 (including each number; hereinafter the same shall apply)’s primary claims against the Defendants, and Defendant C concluded a partnership agreement with the following purport: “The Plaintiff entered into an agreement with the Defendant: “The Plaintiff, as a member of D, shall bear the Plaintiff’s burden as D; and at the same time, the Plaintiff independently uses the Plaintiff’s trade name to carry out overseas plant business. The Plaintiff shall pay 30% of the profits if the Defendants assumed the expenses for the relevant business in return for mutual use; and 10% of the profits if not, to Defendant C.”