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(영문) 서울중앙지방법원 2019.01.15 2018나38606

임금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered on January 1, 2016.

Reasons

1. Basic facts

A. The Defendant is a company that provides plant design services and trade business.

B. On December 25, 2010, the Plaintiff concluded an annual salary contract with the annual salary of KRW 35,655,850 and entered into a business with the Defendant’s full-time business, and was registered as the Defendant’s inside director on March 11, 201. On March 15, 2013, the Plaintiff retired from the inside director and then retired from the business team until February 29, 2016, and then retired from the business team on March 1, 2016.

C. The Plaintiff was paid KRW 1,646,200 as basic salary, KRW 181,150 as overtime allowances (or KRW 181,200 as well as KRW 823,100 as other allowances, and KRW 2,750,450 as food subsidies to KRW 10,00 as regular monthly salary during the remainder of the period except for the period during which the Plaintiff was in office as an internal director (for each month, the bonus was additionally paid in the above basic salary), and KRW 4,473,200 as remuneration, except for the above allowances, was paid every month during the period during which the Plaintiff was in office as an internal director. From August 1, 2012, the Defendant’s monthly remuneration was reduced to KRW 2,400,000 as the Defendant’s business deterioration.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 29 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is an employee who retired from the Defendant’s inside director and served as the Defendant’s business employee from March 15, 2013 to the retirement.

Therefore, the Defendant ought to pay to the Plaintiff the total amount of KRW 2,00,000,00 for the unpaid wages on January 1, 2016 and February 2016; ② retirement allowance of KRW 8,063,930 for the period of employment from March 15, 2013 to February 29, 2016; ③ the total amount of annual leave allowances of KRW 2,00,320 for the said period of employment.

B. The plaintiff alleged in the defendant was a managing director, who is an internal shareholder holding the defendant's shares, and was an executive officer involved in the defendant's management, and there was no separate employment contract after his/her resignation from an internal director, and rather is an internal director.