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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion by the parties is that the Defendant Company provided labor from September 5, 2011 to September 5, 2014 to September 5, 2014, KRW 54 million paid for 36 months from September 5, 2011 to September 5, 2014 (i.e., monthly salary of KRW 1.5 million x 36 months) and KRW 4.5 million of retirement pay (i.e., monthly salary of KRW 1.5 million x 3 years).
As to this, the defendant company asserted that the plaintiff and C agreed to operate a partnership business with their own investment of KRW 20 million and that C acquired the defendant company as the representative director, and the plaintiff was appointed as the director and operated the defendant company jointly. Therefore, the plaintiff is not entitled to wages and retirement allowances.
2. In light of the fact that C was registered as a director of the Defendant Company from October 24, 1997, which was registered as the representative director of the Defendant Company, and that C and his children have resigned from office on October 16, 2014, 64% of the shares of the Defendant Company, and 34% of the shares of the Plaintiff, and that the Plaintiff had been paid a very unspecified amount from the Defendant Company for about 17 years, the Plaintiff had not filed a claim for wages with the Defendant Company prior to the time when the application for the payment order was filed [the fact that there is no dispute, Eul evidence No. 1-6, the purport of the whole pleadings, and the purport of witness D], and the testimony of witness D, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff was in the position of an employee who provided labor to the Defendant Company for the purpose of wages, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's assertion based on the premise that the plaintiff was the employee of the defendant company is dismissed as it is without merit.