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Reasons
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(영문) 서울중앙지방법원 2017.03.16 2016가합506637
임금
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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 4,819,386 and its interest thereon from August 22, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The party status 1) Defendant B Co., Ltd. (hereinafter “B”)

From August 2001, the Defendant C Co., Ltd. (hereinafter “C”) operated the Turkey restaurant under the trade name of “E” with its head office located in Seocho-gu Seoul Metropolitan Government D (4).

(2) As of January 15, 2013, 31,000 of the common shares issued by Defendant C as of January 15, 2013, H,9,000 shares of H, 9,00 shares are owned by the Plaintiff, respectively.

B. From February 22, 2013 to August 7, 2015, the Plaintiff provided labor at the instant restaurant operated by Defendant C, including store management, and received benefits of KRW 2 million per month from Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 18 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1 to 56, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) was primarily employed by Defendant B and worked from January 5, 2013 to August 7, 2015 from the restaurant of this case. Defendant B is obligated to pay to the Plaintiff an extended period of time, night, holiday, holiday, and holiday allowance of KRW 75,403,720, retirement allowance of KRW 80,587,053, and delay damages for the amount of retirement allowance of KRW 5,183,333. 2) If the Plaintiff was not employed by Defendant B, the Plaintiff is employed by Defendant C in advance. Thus, Defendant C is obligated to pay to the Plaintiff the unpaid legal allowance of KRW 80,587,053 as stated in the preceding paragraph and its delay damages.

3) In addition, Defendant C is obligated to pay the dividend amounting to KRW 93,034,642 as well as delay damages to the Plaintiff, which is the shareholder, because there was a resolution on cash dividend for the interest in the business year 2013 and 2014. (B) The Plaintiff is employed by the Defendant B.

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