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(영문) 서울동부지방법원 2015.09.10 2014가합11701
임금등
Text

1. The Defendant shall pay KRW 10,000,000 to the Plaintiff and KRW 1 million per month from August 7, 2013 to the day of complete payment.

Reasons

1. The facts under the circumstances below may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 7, in part of Eul evidence 1 and in whole the arguments.

The defendant is a company established on December 4, 1995 for the purpose of passenger transport business and is operating village buses in Seongdong-gu, and C is the representative director of the defendant from June 29, 2012 to June 29, 2012.

The plaintiff is serving as a driver belonging to the defendant from the middle police officer of 2003.

From the mid-208 Police Officer to the end of September 2013, the defendant served as the chief of the management office.

B. As of July 24, 2013, the Defendant, due to the aggravation of management, failed to pay the 4th insurance premium in total equivalent to the 50,435,910 won, and caused financial difficulties, such as the suspension of the operation of village buses by having an affiliated driver engage in strike on the ground of delayed payment of wages on July 8, 2013 and August 5, 2013.

C. The Plaintiff paid a total of KRW 33,945,650 on behalf of the Defendant for the Defendant, under the pretext of the Defendant’s total amount of wages in arrears, KRW 66,780,00,000 for KRW 66,00,00 for employees, as well as for the loan interest on the above overdue wage. As such, the Plaintiff was unable to receive KRW 17,274,350 from the Defendant, and was ultimately subject to loans and wage claims worth KRW 18,00,000 for

On August 6, 2013, the Plaintiff and the Defendant’s representative C transfer all the monetary rights, including management rights and corporate cards of the representative director C, the Defendant’s corporate passbook and incentives for associations, including subsidies of Seoul Special Metropolitan City, to the Plaintiff from August 6, 2013. However, the Plaintiff and the Defendant’s corporate director C prepared a written agreement to the effect that the Plaintiff would bear the Defendant’s liability for capital flight, and received the authentication.

(No. 745, No. 2013, No. 745, hereinafter referred to as “instant agreement”). E.

On August 7, 2013, the Plaintiff and the Defendant paid 100 million won to the Plaintiff on the pretext of the repayment of the above borrowed money and the delayed payment as wages, and the interest amount shall be KRW 1 million per month and the due date shall be due.

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