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(영문) 의정부지방법원고양지원 2020.10.16 2019가단74702
임금 등 청구의 소
Text

1. The plaintiff's primary claim against the defendant C is dismissed.

2. The defendant D and E shall be jointly and severally held;

A. The plaintiff.

Reasons

1. As to the primary and conjunctive claim against Defendant C

A. The Plaintiff Company A (hereinafter “Defendant Company”) from August 3, 2015, from around August 3, 2015.

(2) From April 16, 2016, Plaintiff A served in the “G” office (hereinafter “instant office”) located on the second floor of the FG building in Kanaa and Yacoaco. Plaintiff B worked in the instant office from around August 20, 2016.

The Plaintiffs worked in the instant office, and received work instructions from Defendant C, and reported to Defendant C related to their duties.

The H (hereinafter referred to as the "A") and workers (hereinafter referred to as the "B") shall, under mutual agreement, conclude this employment contract with a commitment to faithfully comply with the following matters:

Terms and Conditions of Employment (Interim omitted)

2. Employment place: Two floors of buildings in Japan and the Faco-si in Shocoa;

3. Occupational categories: Office work;

4. The term of employment contract: Six months;

5. Extension of a contract: A and B shall be renewed one month prior to the expiration of the contract.

Provided, That if the other party is not notified one month before, this contract shall be deemed to have been automatically extended for six months.

6. The relevant provisions of the Rules of Employment and Labor Standards Act shall apply mutatis mutandis to matters not specified in this Agreement.

On August 20, 2016: (a) around August 20, 2016, the president C: (b) Defendant C prepared a written employment contract with the Plaintiffs respectively (Evidence A5 and 6; (b) around August 20, 2016; (c) Defendant C issued a letter of appointment to the effect that, on September 8, 2016, “A shall appoint the Plaintiff as the head of the office of (State) Japan’s branch office” to the Plaintiff under the name of “C representative director of the Company H C”; and (d) the Plaintiff B issued a letter of appointment to the effect that, “(State)” is a member of the Japanese branch office of H.

(No. 5, No. 85, 86). On the other hand, Defendant C registered its retail business with the trade name of “H” on November 4, 2009, using the name of “H” as the location of “H”, and on March 24, 2017, the trade name of the mountain mountain City Mayor in the mountain field is “H” and its location is “H.”

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