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(영문) 서울중앙지방법원 2016.10.31 2016가단54641

급여 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established on August 16, 1994 for the purpose of leasing real estate, selling and buying real estate, selling agency, etc., and the Plaintiff filed a tax withholding receipt for wage and salary income of KRW 9,000,000 from the Defendant (from January 1, 2010 to December 31, 2010), 22,00,000 (from January 1, 2015 to December 31, 2015) with each of the wage and salary income of KRW 9,00 from the Defendant.

B. On July 25, 2013, C and D, a director of the Defendant, asserted that E, a representative director of the Defendant, could not perform his/her duties as a representative director due to dementia, and that E filed an application for a provisional disposition suspending the performance of duties with the Seoul Central District Court Decision 2013Kahap2073, and received a provisional disposition suspending the performance of duties on December 31 of the same year.

C. On February 11, 2014, the Seoul Family Court (Seoul Family Court 2013 - 6863) filed an application for the commencement of adult guardianship with respect to E, and the F was decided to appoint attorneys G as temporary guardians E.

On July 31, 2014, H was appointed as the representative director and in-house director of the Defendant Company, but C applied for the suspension of the performance of duties of the representative director and the provisional disposition of the appointment of the acting representative director against H as Seoul Central District Court 2014Kahap1255, and C was decided on January 23, 2015 to appoint an attorney I as the Defendant’s representative director and in-house director.

[Ground for Recognition: Facts without dispute, Gap 14, 15, Eul 1, 2, 9, 12, and the purport of the whole pleadings]

2. The assertion and judgment

A. On May 8, 2008, the Plaintiff’s assertion 1’s summary of the Plaintiff’s assertion was employed by the Defendant Company on the part of May 8, 2008. However, the Defendant Company retired from office through the service of the instant complaint as the Defendant Company did not assign any particular business for about one year.

According to the Plaintiff’s receipt for tax withholding for wage and salary income in 2015, the Defendant deemed that the Plaintiff paid KRW 21,366,095 to the Plaintiff as wages from March 2015 to December 2015. However, in fact, the Plaintiff was paid benefits from March 2015.