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(영문) 부산지방법원 2019.01.08 2016가단354899

임금 등 청구의 소

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 13,39,230 as well as the full payment from August 17, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to the main claim

A. 1) The Plaintiff asserts that the Defendant did not pay a total of KRW 30 million from August 2016 to October 2016. The Defendant asserts that the Plaintiff had decided to work as unpaid remuneration on the ground of aggravation of financial standing from August 2016. 2) The Plaintiff served as the Defendant’s representative director from April 5, 2012 to October 31, 2016. The Plaintiff received the Defendant’s salary of KRW 10 million from July 2016 to the Defendant, and the Plaintiff was unable to receive benefits from August 2016 to October 2016. However, the Plaintiff’s assertion that there was no dispute between the parties, or that there was no evidence that the Plaintiff had been made at will by the board of directors’ testimony from August 1, 2016 to 2016, and that there was no evidence to acknowledge the existence of the original copy and testimony from the date of the Plaintiff’s testimony under subparagraph 1 and subparagraph 3-1.

In full view of the statements 14, 17, and 19 evidence, the witness C’s testimony, and the fact-finding inquiry reply to the President of Seo-gu District Office of the National Pension Service of this Court, the Plaintiff and D, the representative director of the Defendant, upon the aggravation of the Defendant’s financial situation, agreed not to receive the remuneration of the representative director from August 2016. The Defendant prepared a minutes of the board of directors’ meeting stating that “The Plaintiff, the representative director of the Plaintiff, and D, shall be decided not to pay the representative director’s salary from August 10, 2016 on the ground of the aggravation of the financial situation under the consent of the Plaintiff and D, i.e., the representative director, with the intention of not paying the representative director’s salary from August 10, 2016.” On August 18, 2016, the Defendant reported that “the Plaintiff lost the qualification for the National Pension Service’s workplace insured person as of July 31, 2016.” On the same day, the National Health Insurance Corporation.