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(영문) 부산지방법원 2016.02.03 2014가단31857

임금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. A Co., Ltd. was established around May 2007 for the purpose of new construction and sale of apartment, and Non-Party E and F jointly operated by Non-Party E and F, and the trade name was changed to Defendant B Co., Ltd. (hereinafter “Defendant Company”) on April 14, 2008.

B. The Plaintiff has been engaged in construction business for several years, but is not well aware of the Defendant Company, and was placed in the Defendant Company E and F from Nonparty G, and around November 11, 2007, introduced Defendant C to the Defendant Company.

Since then, the defendant C was in charge of the fund-related affairs by holding the office of the managing director in the defendant C.

C. On August 9, 2007, the Plaintiff drafted a written employment contract (Evidence A2) with the Defendant Company from August 2007 to October 2008, with the annual salary of KRW 50 million. On February 19, 2008, the Defendant Company prepared a written confirmation of the succession of employment contract (Evidence A3) with the Plaintiff’s Defendant Company to recognize the succession of the previous employment contract with the Defendant Company.

Defendant C, from February 2008, was practically in operation of the Defendant Company. On May 25, 2009, on the part of the Defendant Company, Defendant C prepared the meeting minutes of the board of directors (Evidence A 4) stating that “it was confirmed that the employment contract (Evidence A 2) was normally prepared according to the necessity of the Defendant Company, and the preparation of a letter of payment shall be approved to pay the Plaintiff the annual salary of KRW 4 million remaining after the Plaintiff’s occurrence.”

E. On May 25, 2009, Defendant C prepared a payment note stating that “the Defendant Company should confirm to the Plaintiff the remainder of the annual salary of the annual salary of the employment contract signed by the Defendant Company and the Plaintiff on August 9, 2007, and pay by April 30, 2010” in the name of the Defendant Company, and signed and sealed it as a joint guarantor.

(A) Evidence Nos. 5, hereinafter referred to as “instant letter of payment”). [Grounds for recognition] did not dispute, Gap evidence Nos. 4 through 7, Eul evidence Nos. 1, 2, 10, and 11, and the purport of the whole pleadings.