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(영문) 창원지방법원 2020.11.13 2019나63635

임금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a corporation that runs the business of manufacturing vessel components, etc., and D is the representative director of C, and the Plaintiff has worked in C from September 1, 2017.

The defendant is a corporation that manufactures automobile parts, etc.

B. On March 20, 2018, D entered into a “corporation (transfer and acquisition) contract” with the following content, which was the Defendant’s representative director, as of March 20, 2018:

(hereinafter referred to as the “instant contract”). Article 1 (Purpose of the instant contract) E comprehensively transfers to D all rights and obligations relating to the Defendant’s business he/she manages, and D acquires them.

Article 4 (Effect of Transfer and Acquisition) The effect of transfer and acquisition under the instant contract shall accrue from March 20, 2018, and E and D shall be responsible for and implement the said matters.

Article 7 (Matters of Special Agreement) (5) D shall, in any case, be liable for the overall matters of the company and shall lose its effect when the contract of this case is not avoided or discharged.

C. On the same day D and E drafted an agreement with the effect that “I, from March 20, 2018, enter into an agreement that I will be fully responsible for all necessary expenses and all business matters for the Company from March 20, 2018 to the time of acceptance (the time of acceptance will be determined under mutual agreement).”

(hereinafter “instant agreement”). D.

On May 3, 2018, the defendant held a board of directors on May 3, 2018 and passed the following resolutions:

The representative director E, who is the Speaker, shall confirm the gender and declare the holding of the meeting and without objection to the recruitment and pay of employees, and to the subscription to the fourth insurance on the following terms: The actual representative D workers: F, G, the plaintiff, H, I: F, G, the plaintiff, H, and I: The insured type of insurance on April 1, 2018 (Retroactive Application): The national, health, employment, and industrial accident insurance amount shall be applied by a separate consultation and shall be paid retroactively thereafter.

(as of April 1) The actual representative D shall employ five employees as above.