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(영문) 서울서부지방법원 2015.04.08 2014가단39315
임금채권에대한손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s failure to pay wages and retirement allowances to the Plaintiff of E Co., Ltd. filed a lawsuit against the Plaintiff, and was sentenced by the court to “E Co., Ltd. shall pay to the Plaintiff 27,305,892 won and the amount at the rate of 5% per annum from November 20, 2008 to April 30, 2010, and 20% per annum from the next day to the date of full payment.”

The Plaintiff filed a lawsuit against E to seek retirement allowances, and was sentenced by the court that “E Co., Ltd. shall pay to the Plaintiff 2,522,083 won with 5% interest per annum from July 15, 2010 to August 16, 2012, and 20% interest per annum from the next day to the date of full payment.”

Although the above ruling became final and conclusive, E does not pay wages and retirement allowances to the Plaintiff until now.

【Reasons for Recognition】 Evidence Nos. 1 and 4, the purport of the whole pleadings

2. The plaintiff, as a shareholder, representative director, or internal director of E, the Defendants, a family member, lost the function of E as E because they did not make a new appointment registration on the expiration of the term of office of E director or auditor. They did not have any documents related to the company's business and used the money received by disposing of real estate in the company name. The defendants' act constitutes a tort of corporate restructuring and abuse of corporate personality, and thus, the Defendants are jointly and severally liable to pay wages and retirement allowances according to the judgment that E did not pay to the Plaintiff.

However, the statements in Gap evidence Nos. 2, 3, and 5 alone are only Eul's name, and in substance, they were punished to the extent that they will not be part of the defendants' personal business.

Since it is insufficient to recognize that the Defendants abused the legal personality of E, the Plaintiff’s assertion is without merit.

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