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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant), KRW 12,345,430, and KRW 9,674,990 to the Plaintiff (Counterclaim Defendant) and each of the above amounts.
Reasons
1. Determination as to Plaintiff A’s primary main claim and Plaintiff B’s primary claim
A. The summary of the Plaintiffs’ assertion (1) (A) concluded a labor contract with the Defendant on February 2013, and thereafter, the Plaintiffs were in charge of research and development, and the Plaintiff B was in charge of sales. The Defendant did not pay the Plaintiff A the total amount of KRW 12,345,430, and the total amount of KRW 9,674,990, respectively.
(B) Notwithstanding the provisions of Article 26 of the Labor Standards Act, the Defendant dismissed the Plaintiffs on October 21, 2013 without giving notice of dismissal to the Plaintiffs 30 days prior to dismissal, and thus, the Defendant should pay the Plaintiff KRW 4,184,308, and KRW 3,698,630, respectively.
(2) The Defendant’s main points of argument are the Plaintiffs and D, etc. to establish the Defendant for the purpose of engaging in the reproduction business, etc., but the Plaintiffs, such as the Plaintiff’s research and development business, the Plaintiff’s Plaintiff’s research and development business, and the Plaintiff’s sales business, etc., decided to work as a responsible person and a manager for each relevant field. The Defendant, who, for the purpose of technology development, temporarily operates only for a period of up to 2013 and prepared a formal employment contract
B. (1) On December 2012, Plaintiff A introduced the LOR renovation project using nanotechnology to F, the representative director of Plaintiff E, a stock company, and F proposed the said project to H, the representative director of G, a stock company, through D working in Company G, and F and H entered into a joint agreement related to the reproduction, restoration, and recycling of a distribution and recycling business on January 5, 2013, and the Defendant was established on February 4, 2013.
(B) The Defendant pays KRW 6,360,000 per month to Plaintiff A on the 25th of February in the form of annual salary system from February 1, 2013 to December 31, 2013.