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(영문) 전주지방법원 2019.10.15 2018가단20615

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. On July 16, 2013, the Plaintiff invested with D, thereby establishing the Defendant Limited Company B (hereinafter “Defendant Company”), and registered as a joint representative director with D, but resigned from D and joint representative director on August 29, 2013. On August 29, 2013, Defendant C, who acquired part of D’s equity shares, was appointed as the representative director of the Defendant Company.

B. The Plaintiff, Defendant C, and D are all registered directors of the Defendant Company, and have equity shares in the Defendant Company.

C. The articles of incorporation of the defendant company are as follows.

§ 15 (Executive Officers) The Company may have one or more directors.

Article 18 (Remuneration and Retirement Allowance) (1) The remuneration of executives or retirement allowance of executives shall be determined by a resolution of a general meeting of members.

(2) The payment of retirement allowances for executives shall be governed by the provisions of a separate retirement allowance for executives following a resolution of the general meeting of employees.

The Plaintiff was in charge of the field work at the factory site from July 2013 to August 2017 at the Defendant Company.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1, purport of the whole pleadings

2. The assertion and judgment

A. 1) On the premise that the Plaintiff’s claim against the Defendant Company was registered as a director of the Defendant Company, but the Defendant Company works as a factory site and received the monthly salary of 3 million won, the Plaintiff appears to have calculated the calculation error as to the Defendant Company’s total of 36 million won for 12 months from September 2016 to August 2017.

) From April 2016 to August 2017, 2017, 6,035,00 won in total, and 12,117,020 won in retirement allowances, and damages for delay on each of the said money are sought during the 17-month period from April 2016 to August 2017.

The fact that the Plaintiff performed on-site work from July 2013 to August 2017 at Defendant Company as the factory site is as shown in the above basic facts, but all the statements and arguments in the evidence Nos. 1, 5, and 17 are written and presented.