임금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 5,000,000 and the defendant shall pay to the plaintiff July 31, 2016.
1. Basic facts
A. On May 30, 1989, the establishment of the Defendant Company and the completion of rehabilitation procedures, etc., the Defendant Company was established in Kimhae-si D for the purpose of agricultural product primary processing business, etc., and on December 30, 2015, rehabilitation procedures for the Defendant Company were commenced (the Changwon District Court 2015 Gohap1080), and the rehabilitation plan approval was issued on December 20, 2016, and the rehabilitation procedure was completed on July 26, 2018.
On the other hand, E served as the representative director of the defendant company since 2001, while operating the defendant company, commenced the above rehabilitation procedure for the defendant company, and was regarded as a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act, and was dismissed from office on December 26, 2016, and C was appointed as a custodian.
B. On January 18, 2012, E, including the establishment of F Co., Ltd. and the details of stock ownership, established F Co., Ltd. for the purpose of joint purchase business, wholesale and retail business of household goods, etc. (hereinafter “F”), and the location of F’s head office was transferred from the Yeongdeungpo-gu Seoul Metropolitan Government G Co., Ltd. to H building and 1413, G Co., Ltd. on January 21, 2016.
On the other hand, F’s shareholder registry held 400,000 shares out of 950,00 shares, 350,000 shares by the Defendant Company, and the remaining 200,00 shares by I, J, and K.
C. On November 201, 2013, the Plaintiff entered the Defendant Company, and, at the direction of E, the representative director of the Defendant Company, sent to and from work mainly with the F head office, etc., and carried out the F-related work.
On January 1, 2015, the Plaintiff entered into an employment contract and salary contract between the Plaintiff and the Defendant Company and the Defendant Company. The main contents are as follows:
(A) The evidence No. 7 is an annual salary contract sent by the Defendant Company to the Plaintiff by e-mail on January 19, 2015, and there is no signature or seal of the Plaintiff and the Defendant Company. The representative director E (hereinafter “company”) of the labor (annual salary) contract and A (hereinafter “employee”).