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(영문) 인천지방법원 2021.01.14 2019나71311

임금

Text

The judgment of the first instance court is modified as follows.

A. The Defendant: (a) KRW 22,493,025 on the Plaintiff and its related matters on May 31, 2018.

Reasons

1. Facts of recognition;

A. On September 1, 2016, the Plaintiff entered into an agreement with the Defendant on September 1, 2016 with respect to a local corporation in Indonesia (hereinafter “instant corporation”) located in Indonesia (hereinafter “instant agreement”).

The composition of the total shareholders of the instant corporation constitutes the share ratio of 60:40, respectively, between the Plaintiff and the Defendant by December 31, 2016.

The business activities of the instant legal entity shall be maintained in its current asset state, and all liabilities of the instant legal entity incurred prior to the formation of the instant legal entity are not recognized (Article 1). The Plaintiff and the Defendant cooperate with each other for their best business activities and distribute dividends, notwithstanding the shares prescribed in Article 1, the Plaintiff and the Defendant shall distribute dividends at the rate of 50:50 (Article 3). The Chairperson of the Audit and Inspection Council shall be the Plaintiff, the Chairperson of the Board of Directors and the representative director shall be the Defendant, and the Defendant shall be the chairperson and the representative director of the board of directors shall be the Defendant, who shall receive the monthly salary of 3,000 USD 3,00 from the annual net income generated, and 50

The Plaintiff’s portion of the Plaintiff’s business trip recognized as the Plaintiff’s expense is borne by the instant legal entity (Article 4 and thereafter, the agreement under the above contract clause is referred to as “instant agreement”). B. The Defendant was appointed as the representative director of the instant legal entity around November 2016.

On April 20, 2018, the Defendant received USD 6,000 from the instant corporation as salary on November 2016 and December 2016, 2016, USD 300 as a person who delayed payment (from the following to the omission of the indication of US dollars), and USD 36,00 as salary on April 20, 2017.

On the same day, the Defendant wired USD 21,150 to the Plaintiff’s deposit account (new bank D) known to the Plaintiff in the name of the instant legal entity, and transferred money in the name of the instant legal entity on May 10, 2018 to the Plaintiff on the grounds that the transfer of money to the Plaintiff was restricted by the Act on the Prevention of Indones Capital laundering to the Plaintiff.

Information was known.

(c).