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1. The Defendants are jointly and severally liable to the Plaintiff for 120,000,000 won and 6% per annum from August 2, 2016 to June 2, 2017.
Reasons
1. Basic facts
A. The Defendants are companies established for the main purpose of the taxi transport business. D is the representative director of the Defendant limited liability company, from around August 20, 1992 to November 20, 2002 to the representative member of the Defendant limited liability company, respectively, and E, his father, from around 2004 to 2006, was registered as the representative director and the representative member of the Defendants’ limited liability company, and actually operated the Defendants by working as the president and working for the president within the ordinary company.
B. D and E conflict at any time in exercising the management rights of the Defendants, and decided to join the Plaintiff as a professional manager to resolve the conflict.
Accordingly, on December 12, 2015, the Plaintiff entered into an agreement on employment guarantee (hereinafter “instant agreement”) with the Defendants and the period of employment (i.e., “from December 20, 2015 to December 19, 2020”; and (ii) the annual salary of KRW 60 million, which the Plaintiff takes office as the president of the Defendants and intends to perform the duties delegated by the Defendants; and (iii) the Defendants guarantee the Plaintiff’s employment for at least five years from the date of entry; and (iv) the Defendants, within five years from the date of dismissal without justifiable grounds, agreed to pay the Plaintiff the total amount of wages, bonuses, etc. that the Plaintiff would receive during the period of short of five years based on the amount of the final monthly payment.
C. On December 20, 2015, the Plaintiff joined the Defendants and served as the president in accordance with the instant agreement. On February 4, 2016, the Plaintiff respectively registered as a manager in the Defendants’ corporate register.
Meanwhile, under the circumstances where the Defendants paid electricity charges, etc. generated from “F” on behalf of the Defendants separately from the Defendants, D is divided into the issue of ‘F’’ burden by receiving the notification from the Korea Electric Power Corporation on May 2016 on the grounds of the unpaid electricity charges.