임금
1. Of the instant lawsuits, the portion claiming KRW 2,672,50 shall be dismissed in respect of the gift price of KRW 2,672,50 in 25 weeks of service.
2. The Defendant shall.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 1, 2, and 3:
D Co., Ltd. (hereinafter “D”) which operated automobile sales business and construction business has been decided to commence rehabilitation procedures on August 10, 201 by the Seoul Central District Court 201 Gohap105, and was subsequently decided to commence rehabilitation procedures on December 9, 201.
D was divided into three companies, namely, E, F, and B (hereinafter “B”), according to the above rehabilitation plan. On December 19, 201, the bus sales business sector and the construction business sector were separated, and E and F, were divided into two companies, and E and F, a surviving company, continued to engage in the remaining business sector except the business sector that is transferred to the divided company on December 20, 201.
B. After that, on July 22, 2014, a decision was made to discontinue the above rehabilitation procedure, and thereafter, on August 7, 2014, the Seoul Central District Court rendered a ruling of bankruptcy as Seoul Central District Court 2014Hau132, and at the same time, the Defendant was appointed as B’s bankruptcy trustee.
C. Meanwhile, the Plaintiff, who entered D around January 1, 2007 and worked as D’s regular executive secretary from January 1, 2007, became employed as B’s registration director from January 1, 2012, and thereafter retired on September 6, 2014 upon receipt of the notice of dismissal according to the said decision of declaration of bankruptcy.
2. The gist of the Plaintiff’s assertion is that the Plaintiff was formally registered as the intra-company director of B, but actually provided labor in subordinate relationship with B without the right of business execution. The Defendant is a worker who was under command and supervision from B. The Defendant (=10,420,043 won, such as unpaid wages, etc. = 10,420,043 won (=6,747,543 won from August 1, 2014 to September 6, 2014 ② 1,000,000 won as retirement allowance of 30,744,672,50 won as retirement allowance of 25 weeks, 90 won as substitute payment of 9,478,660 won) and retirement allowance of B from August 1, 2014 to September 6, 2014.