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1. As to KRW 16,786,176 and the Plaintiff’s KRW 23,786,176, the Defendant shall pay to the Plaintiff KRW 16,786,176 from November 17, 2016 to December 17, 2018.
Reasons
1. Basic facts
A. On September 10, 2015, the Plaintiff and C (at present, the representative director of the Defendant) prepared and signed and sealed the articles of incorporation to establish the Defendant who operates machinery and equipment business.
B. In establishing the Defendant, the Plaintiff and C invested KRW 200,000,000 each of the Defendant’s capital amounting to KRW 100,000 per share, and owned 10,000 per share per share, respectively.
C. From September 7, 2015 to November 1, 2016, the Plaintiff received benefits of KRW 6 million from the Defendant as the Defendant’s employee.
From September 7, 2015 to November 1, 2016, the average daily wage of 18 million won, which is the total amount of wages in August 9, 2016 and October 1, 2016, is 195,652 won (i.e., KRW 18,00,000 ¡À92 days, and less than KRW 92 days; hereinafter the same shall apply) calculated by dividing the total number of days by 92 days. The number of days during the above period is 6,786,176 won (i.e., average wage of 195,652 won per day x 30 days x 422 days x 365 days). The Defendant did not pay the same employee’s retirement allowance to the Plaintiff.
E. The Plaintiff leased the D Building and E (hereinafter “instant office”) to KRW 5,000,000,000, and used it as an office in Gyeyang-si.
F. The Defendant transferred the leased office to the instant office that was used by the Plaintiff.
G. On October 17, 2016, the Plaintiff, the Defendant, and the lessor of the instant office changed the lessee from the Plaintiff to the Defendant. The Plaintiff and the Defendant agreed to lend KRW 5,000,000 paid by the Plaintiff to the Defendant, and agreed to divert the said changed lease deposit as the deposit for lease.
H. On November 2, 2016, the Defendant: (a) at a special shareholders’ meeting on November 2, 2016, “if an executive officer is reappointed, the Defendant shall not be deemed a retirement, and shall pay the retirement allowance when he retires
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