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(영문) 의정부지방법원 고양지원 2018.02.08 2017가단75459

임금

Text

1. Defendant C Co., Ltd. (Counterclaim Plaintiff; hereinafter “Defendant”) is the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”).

Reasons

1. The fact of recognition is that Plaintiff A is the representative director of Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) and Defendant D is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

Plaintiff

A and Defendant D, along with E on July 18, 2014, established the Defendant Company, which is engaged in the manufacturing and wholesale business of medical instruments (in-house border Maspons) and wholesale business. Defendant D owned 51% of the shares of the Defendant Company (including 11% of the shares of Defendant D’s dong F) to the representative director, Plaintiff A owned 30% of the shares of the Defendant Company, and the managing director, and E, to the managing director, and 19% of the shares of the Defendant Company.

The plaintiff company produced the plaintiff company to supply the defendant company with the e-mail fee.

However, due to the conflict with Defendant D, Plaintiff A transferred all of the shares of Defendant Company to Defendant D on October 19, 2015, and retired from the position of director of Defendant Company.

[Ground for Recognition: Facts without dispute, entry in subparagraph 1, purport of whole pleadings]

2. A claim filed in the principal action shall be any Commissionery;

A. Plaintiff A’s claim for wages against Plaintiff A shall claim wages from June 2015 to October 19, 2015.

However, in full view of the witness G’s testimony and the purport of the entire argument, Plaintiff A drafted an employment contract form (No. 18) with Defendant Company, but from June 2015, Plaintiff A and Defendant D did not receive any remuneration due to the good financial condition of Defendant Company from around June 2015, and the fact that Plaintiff A did not raise any objection against the unpaid payment. Plaintiff A’s wage portion is not written, and Plaintiff A’s wage portion is not written, and Plaintiff A is difficult to be deemed an employee under the Labor Standards Act, considering that Plaintiff A’s labor contract form (No. 18) is difficult to be deemed as having a claim for wage against Defendant Company A.

B. The Plaintiff Company’s second financial expenses claim No. 452024, each entry of evidence No. 45204, witness E’s witness E’s testimony and the whole pleadings.

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