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(영문) 서울중앙지방법원 2015.07.07 2012가단334844

보상금

Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 45,500,000 to the Defendant (Counterclaim Plaintiff) and its payment from September 11, 2013 to the date of full payment.

Reasons

The main lawsuit and counterclaim shall be judged all at once.

1. Facts of recognition;

A. From May 1, 2012 to September 21, 2012, the Plaintiff served as the head of the headquarters from the Defendant Company (hereinafter “Defendant Company C” to October 23, 2012).

B. Nonparty D, as the Plaintiff’s successor, worked before the Plaintiff entered the Defendant Company.

On March 26, 2012, the Plaintiff was dismissed due to the detection of embezzlement of Defendant Company’s public funds. On March 30, 2012, the Plaintiff prepared a letter of intent to pay KRW 150 million, jointly with E, by March 30, 2012, the remainder of KRW 150 million by April 6, 2012, and issued it to the Defendant Company.

C. While D partly repaid the above embezzlement, the Defendant, on June 20, 2012, planned to deduct part of D’s remaining embezzlement 50,500,000 won from D’s benefits that he/she and re-sended into the Defendant Company for the period during which he/she works in the Defendant Company (in cases of the Plaintiff, KRW 50,000 won from July 201 to September, 2012; KRW 1,000,000 from the following month to December 2012; KRW 2,00,000 from the following month to March 2013; and KRW 2,50,000 from the following month to May 2013; and KRW 3,50,000 from benefits in the last month to June 2013).

The plaintiff around June 2012 or from the end of July 2012

8. In advance, the corporate seal of the representative director of the company, who was removed from the business phase, affixed a seal on the paper A4 paper, printed only the phrase “C representative director of the company in dispute” at the bottom, and immediately thereafter, from May 1, 2012 to November 30, 2012, “the Plaintiff shall receive annual salary of KRW 7 million per month from May 1, 2012 to April 30, 2013, including annual salary of KRW 14 million, and the bonus shall be paid in lump sum on the 25th day of the year immediately before the retirement of the company, while the bonus shall be paid at the time of retirement.