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(영문) 서울고등법원 2016.10.26 2015나2059700
손해배상(기)
Text

1. The plaintiff's appeal and the selective claims added in the trial are all dismissed.

2. Appeal by the defendant B corporation

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in software consulting and development and supply business, and Defendant C is the representative director of the Defendant Company.

On March 7, 2013, the Plaintiff is a person who was employed by the Defendant Company and used the position of the vice president, etc. until he/she received notice of dismissal on May 9, 2014, and worked as the head of the global business division of the Defendant Company.

B. (i) On March 7, 2013, the Plaintiff entered into the annual salary contract with the Defendant Company with the following terms (hereinafter “instant annual salary contract”).

D. B (Representative C (Representative C) (hereinafter referred to as “A”) and the above annual salary contractor (hereinafter referred to as “B”) who are workers, from the date of December 31, 2013 to December 31, 2013, the contract term of 220,000,000 annual salary, shall enter into an annual salary contract as follows:

Article 1 (Definition of Annual Salaries) The term "annual salary" means the total annual salary paid in return for providing services for one year (including food service 100,000 won, overtime allowances, and other statutory allowances) regardless of its name.

Article 2 (Payment of Annual Salaries and Conditions) (4) When monthly payment is made, various taxes and public charges, such as Class A earned income, national pension, national health insurance, shall be withheld.

(7) The term of a contract under this annual salary contract shall be from January 1 to December 31 each year; and if a person enters the middle of a contract, the contract shall be renewed by January 1 of the following year.

(8) In principle, a renewal of this annual salary contract shall be made within one month after the expiration date of the contract, and where negotiations between the parties fail to be made smoothly, a period of negotiation for three months may be established.

In addition, if there is no separate contract modification, it shall be automatically extended for one year, and at any time, it may be newly concluded at any time when the parties agree.

(10) A new (career, career, and new) employee for less than one year shall be employed at the time of each annual salary contract.

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