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(영문) 대구지방법원 2019.05.02 2018나311874

임금등

Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The plaintiffs asserts that the appeal of this case is unlawful as it is due to the arbitrary procedural acts of D, one of the co-representatives of the defendant.

According to the overall purport of evidence Nos. 63 and 66, evidence Nos. 63 and 66, the defendant convened a general meeting of shareholders on October 29, 2018 and resolved to dismiss E who was a joint representative director of the defendant and to appoint F as a joint representative director. The above content was registered on the defendant’s corporate register on November 5, 2018, and the fact that F, who became a joint representative director of the defendant, ratified D’s procedural acts on March 22, 2019.

According to the above facts, the original defendant's complaint of this case was cured.

Therefore, the plaintiffs' above assertion is without merit.

2. The parties' assertion and judgment

A. The Plaintiffs’ assertion 1) As of January 16, 2012, Plaintiff A provided labor as an employee belonging to the Defendant from September 3, 1994, and from November 3, 20194, Plaintiff B was not paid wages and annual allowances from the Defendant from November 2016 to February 2017. Therefore, the Defendant asserted that Plaintiff A was not paid annual wages of KRW 5,611,728 and annual allowances of KRW 1,515,398 and annual allowances of KRW 7,127,126, and KRW 6,028,88, annual allowances of KRW 2,463,488, and annual allowances of KRW 848,488, and KRW 736,206, respectively.

B. According to the records in Gap evidence No. 1, the head of the Daegu Regional Employment and Labor Office on April 21, 2017, the defendant, on December 2016, 1,402,932 of the plaintiff A's wages in November 2016, 1,402,932 of the wage in December 2016, and 1,402,932 of the wage in January 2017, and 1,402,932 of the annual salary in February 2017, and 1,515,398 of the annual salary in February 2017. The defendant, on November 21, 2016, did not pay the plaintiff B's wages in KRW 1,507,222 of the wage in November 2016.