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1. The part against Defendant B among the judgment of the first instance is revoked.
Defendant B Co., Ltd. shall be the Plaintiff 340,000.
Reasons
1. The facts below the basis facts do not conflict between the parties, or can be found as a whole by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 4, 5, 7, 14, 20, 29, 32, Eul evidence Nos. 1, 6, 11 through 15, 38 (including the numbers of serial numbers; hereinafter the same shall apply).
[1] Defendant B Co., Ltd. (hereinafter “Defendant Company”) established in 1988 after retirement of Defendant C, a company whose purpose is to produce and sell electronic equipment, such as a member’s size and mileage, and his father, who is the father of Defendant C, was at K Co., Ltd.
While working for an accounting firm, the Plaintiff became aware of the Defendant Company, and became the vice president of the Defendant Company on June 20, 2005. From October 19, 2005, the Plaintiff served as an internal director from October 19, 2005, and served as D and joint representative director from July 1, 2009.
D As the Plaintiff died on or around April 2012, the Plaintiff entered into a management delegation agreement with Defendant C, who is a child of D (hereinafter “instant management delegation agreement”) and worked as the sole representative director of the Defendant Company from that time.
[2] The Defendant Company recorded the net income of KRW 6.1 billion in 2012, and the net income of KRW 46.9 billion in 2013, but the net loss of KRW 26.3 billion in 2014 was incurred.
The Plaintiff received monthly salary of KRW 14,994,096 until April 2012, and received monthly salary of KRW 44,994,096 from May 2012, which became a sole representative director.
The Plaintiff received KRW 216,561,162 in 201 from the Defendant Company totaling KRW 170,932,694 and KRW 45,628,468 in 201. The Plaintiff received KRW 520,216,276 in the total of KRW 419,929,152 in the year 201 and KRW 100,287,124 in the bonus, and KRW 539,929,152 in the year 2013. The Plaintiff received KRW 4,692,647,484 in the total of KRW 539,929,152 in the salary and KRW 4,152 in the bonus and KRW 4,152,718,32 in the year 2013.
In 2014, the Plaintiff paid KRW 539,929,152 from the Defendant Company (i.e., KRW 44,94,096 per month x December), bonuses 670,979,926 (i.e., KRW 620,00,000 on March 3, 2014) plus KRW 1,210,90,909,078 won on April 29, 2014.