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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. As of December 11, 2012, the Defendant: (a) was a company established on December 11, 2012 for the purpose of import and sale of medical devices and medicines; and (b) was discharged from the Defendant on January 21, 2013, such as the steering agents and steering injectings of C Co., Ltd. (hereinafter “C”).
B. The Plaintiff, while engaging in the duties related to the foregoing steering system in C, received and retired retirement allowances from C due to the division of the above business, entered into an employment contract with the Defendant on March 30, 2013, and entered the Defendant. From that time to April 30, 2015, the Plaintiff served as the head of the Defendant’s director and marketing general department.
C. The Plaintiff’s duty contents, remuneration, etc. under the employment contract concluded at the time are as follows.
1) Class 2: Marketing and sales strategy formulation; product-related support, strategic alliance and business development, clinical and permission, finance, personnel affairs (education and training for the improvement of employees' business ability; formulation of goals of education for the improvement of employees' various business knowledge; quarterly performance checking and evaluation of annual performance for the salary; settlement of coastal issues through Japanese and Japanese hosting; and 5: Basic salary: 120,648,000 per annum (excluding other general allowances; 4.8 million won per annum; 1.440,00 per annum); and 4.4 million won per annum for the purpose of all oral arguments.
2. The assertion and judgment
A. The Plaintiff’s assertion 1 of the parties concerned: (a) he/she was engaged in the management and supervision of a company when he/she performed work in the first place C; (b) he/she retired from the company around December 2012 by E, who was an employee in charge of the management and supervision of the company; (c) the Plaintiff performed the general business affairs of E from January 1, 2013 to April 30, 2015 when the Plaintiff retired from the company; and (d) the Plaintiff continued to work in the night and on holidays; and (e) the Defendant continued to work in the night and on holidays, and (e) the Plaintiff was from February 1, 2013 to April 2015.