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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 1, 2002, while working as an employee of the Defendant (hereinafter “Defendant Company”) from around July 1, 2002, the Plaintiff was appointed as a director at the shareholders’ meeting of the Defendant Company on July 23, 2007, and was appointed as an internal director on July 23, 2010, and was reappointed as an internal director on March 22, 2013, and was dismissed on December 26, 2014.
On July 25, 2007, the Plaintiff was registered as a director in the corporate register of the Defendant Company. On August 4, 2010, the Plaintiff was registered as an internal director, and on April 4, 2013, the Plaintiff was registered as an internal director again on December 29, 2014.
B. The Plaintiff or C served as the representative director of the Defendant Company from March 31, 2005 to March 22, 2013, and the Plaintiff actually controlled the Defendant Company’s business for the said period.
[Reasons for Recognition] Uncontentious Facts, Gap 1, Eul 5, 8, 9, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) The Plaintiff did not receive KRW 276 million from the Defendant Company as wages from February 2005 to January 2012, 201, KRW 58 million as wages from February 2012 to February 2013, KRW 47.7 million as retirement allowances, and KRW 47.7 million as wages from February 2005 to January 2012. (2) The Defendant Company is obligated to pay to the Plaintiff a total of KRW 20 million ( KRW 94.3 million as wages from February 2005 to February 2012, KRW 4.3 million, and KRW 58 million as wages from February 2012 to February 2013, KRW 200 million as well as KRW 47.7 million as well as delay damages).
B. 1) As seen earlier from February 2005 to July 22, 2007, the Plaintiff worked for the Defendant Company as an employee under the Labor Standards Act from February 2005 to July 22, 2007. The extinctive prescription of the above wage claim is three years pursuant to Article 49 of the Labor Standards Act, and the Plaintiff filed the instant lawsuit on February 26, 2015, even if the Plaintiff did not receive wages from the Defendant Company, the said wage claim expired by prescription. The Plaintiff’s claim on this part is without merit. From July 23, 2007 to February 23, 2013.