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(영문) 서울중앙지방법원 2020.02.11 2019가단5104771

임금

Text

1. The Defendant’s KRW 19,864,05 for the Plaintiff and KRW 5% per annum from July 1, 2018 to February 11, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 7, 2013, the Plaintiff joined the Defendant Cooperative and served as the head of the Defendant Cooperative from May 1, 2014, and on March 31, 2018, after being lawfully dismissed from the position of the head of the Cooperative, the Plaintiff did not work at the Defendant Cooperative from April 1, 2018, and the duties as the head of the Cooperative did not actually perform.

B. As the Plaintiff refused to take over the duties of a successor while disputing the validity of the dismissal of the president of the partnership, the Defendant Union held an extraordinary general meeting on June 30, 2018 and dismissed the Plaintiff again as the president of the partnership.

C. The Plaintiff, while working as the head of the association as above, received 3.8 million won per month basic salary from the Defendant Union, and according to the articles of incorporation of the Defendant Union, only a full-time officer and paid employee shall be paid.

The bonus has been paid 3.8 million won on a regular basis (one month).

However, on October 21, 2016, the 24th meeting of the board of directors held that “the salary for the president of the cooperative is reserved from January 2017 and paid retroactively to the time of the selection of the contractor.” Accordingly, the Plaintiff was not paid all wages and regular bonuses from January 2017 to the time of dismissal.

On February 23, 2019, the Defendant selected C Co., Ltd. as a joint project executor at the General Assembly of February 23, 2019 and entered into an agreement on April 9, 2019.

E. The sum of unpaid wages and bonuses from September 2017 to March 2018 is KRW 64,655,940.

F. D, based on the executory exemplification of the judgment in the Seoul Central District Court Decision 2018Kao 33284, the amount of litigation costs for the Plaintiff was determined on June 12, 2019, based on the executory exemplification of the judgment rendered by the Seoul Central District Court 2019 Tao 111337, which was the Seoul Central District Court (1/2,442,07) of the Plaintiff’s pay to the Defendant and, in the event that the Plaintiff was retired from office in the amount of KRW 2,42,07, the amount until the said amount was determined as KRW 1/2,442,07, the claim was seized and collected until the amount was determined as KRW 2,442,07, and this was the Defendant on June 12