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(영문) 서울남부지방법원 2016.05.13 2015가합108438
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person established on March 18, 2015 for the purpose of the integration of systems in the fields of entertainment, media, and communications industry, IT classing, and information and communications, and the Plaintiff served as a director for the Defendant Company from March 16, 2015 to August 19, 2015.

B. C Limited Liability Company (hereinafter “C”) is a subsidiary of D Co., Ltd., and C’s representative director E, in consultation with D Co., Ltd. and C’s trade union, decides to establish an independent employee holding company (the employees shall own 87% of shares) who succeeds to the business and organization (employee’s pay and position) of the said D Co., Ltd., and promoted the establishment of the Defendant from January 2015, and completed the Defendant’s registration of incorporation on March 18, 2015.

C. On April 1, 2015, the Plaintiff, a director in charge of financial affairs, was proposed to continue to assign a director in charge of financial affairs in the Defendant Company, and the Plaintiff, on April 1, 2015, prepared an employment contract with E and a director in charge of financial affairs (hereinafter “instant employment contract”) and an annual salary contract (hereinafter “instant annual salary contract”), and agreed on the following working conditions.

Article 1 [Class and Duties]

1. Class: Transfer of duties;

2. Duties: CFO affairs and duties designated by a company (contract period) under Article 2 (Contract Period) shall be from April 1, 2015 to March 31, 2017;

Article 3 [Treatment] Annual Salaries shall be divided into a basic annual salary and an annual salary, and the basic annual salary shall be paid a specified amount each month, and the annual salary shall be paid in accordance with the deliberation and results, and the calculation of annual salary shall be as follows:

Total annual salary: The basic annual salary of KRW 75,000 (including the basic annual salary achievements): 60,000,000 (monthly salary of KRW 5,000: KRW 5,000): The annual salary: the amount that serves as the basis for calculating the annual salary paid every month based on the basic annual salary and the evaluation of the annual salary (including the application of KRW 20% based on the total annual salary, and the calculation of retirement allowances). The annual salary shall follow the directions for subsequent payment by the board of directors.

Duties allowances:

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