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(영문) 대구지방법원서부지원 2015.04.15 2014가단22394

임금등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion was paid KRW 2,00,000 per month on August 12, 201, and worked for a stock company C (hereinafter “instant corporation”) as a member of the Plaintiff. The Plaintiff did not receive KRW 26,00,000 (2,00,000 x 13 months x 13 months) and retirement allowances from July 201 to June 2013, 201.

Therefore, the defendant, who is the actual operator and the single shareholder of the corporation of this case, which became a legal person, is liable to pay the above wages to the plaintiff.

2. In view of the overall purport of pleadings in the descriptions of the evidence Nos. 10-2, 11-2, 2, 3, 4, 13, 21-2, 22-1, 26-2, 1, 3-1, 3-4, and 4-4, and 4-2 of the evidence Nos. 10-2, 11-2, 200, 200 won or more from the instant legal entity to the date of June 18, 2013, the Plaintiff is recognized as the health insurance policyholder of the workplace of this case as the insurance policyholder of the instant legal entity from August 12, 201 to the date of June 25, 2012. The Plaintiff was paid the amount of 2,00,000 won or more from the instant legal entity from October 25, 201 to July 25, 2012.

However, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 4 and 1-1, 2, and 3-1, 3-4 of the evidence Nos. 1-1, 4, and 4-4 of the evidence Nos. 4, the Plaintiff prepared a labor contract with the corporation of this case for 12 months or longer of the contract term with the corporation of this case and submitted to the corporation with a separate confirmation that the above contract was prepared for convenience and is unrelated to the company's rights. The corporation of this case paid actual expenses to the Plaintiff on August 9, 2011 at the Plaintiff's request each time when the expenses are to be borne by the Plaintiff, and from that time to July 2012, the amount of money exceeding KRW 200,000 shall be paid from that time to July 201, other than the above corporate card and business-use vehicle.