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(영문) 서울중앙지방법원 2015.10.02 2015가합507268
임금
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is a company established on October 1, 1996 for the purpose of carrying out design and construction projects of industrial facilities, civil engineering facilities, etc.

B. On August 8, 2014, D, one of the major shareholders of B, recommended the Plaintiff as CFO of the said company through a person in charge on behalf of August 8, 2014, and B entered into a delegation contract, etc. with the Plaintiff on August 12, 2017 between the Plaintiff and the Plaintiff on August 13, 2017.

(hereinafter “instant contract”). On the same day, the Plaintiff was appointed as an internal director at the general meeting of shareholders of B on the same day (hereinafter the purport was registered on the 15th of the same month), and was in charge of business support as CFO of the said company.

C. The Plaintiff received remuneration from B to October 2014 under the instant contract (However, in light of the management situation of the company, with consent to reduce the remuneration by 10% per month from September of the same year to February of 2015, the Plaintiff received the reduced remuneration during the pertinent period) and thereafter did not receive the remuneration entirely.

On March 24, 2015, the Suwon District Court commenced rehabilitation proceedings against B as the custodian on March 24, 2015. On the same day, the Defendant (hereinafter referred to as “C”) who is the representative director of the said company (hereinafter referred to as “manager”) was appointed as the custodian in relation to the work prior to the commencement of rehabilitation procedures irrelevant to the status of the custodian.

E. In the rehabilitation procedure commenced after the commencement, the Plaintiff reported the total amount of KRW 477,256,333 as rehabilitation claims, but the Defendant raised an objection thereto.

Accordingly, on June 18, 2015, the Plaintiff filed a judgment against the Defendant in Suwon District Court 2015da274, and the said lawsuit is pending.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11 (including additional number; hereinafter the same shall apply), Eul evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1.

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