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1. Defendant C shall pay to the Plaintiff KRW 12,293,50 and the interest rate of KRW 15% per annum from December 31, 2016 to the date of full payment.
Reasons
1. Basic facts
A. 1) The Plaintiff is a company that operates Plags and scarf import-sale business, etc., Defendant B served as an employee in charge of the Plaintiff’s personnel team’s wages management from May 24, 2005 to December 2009, and as the head of the Plaintiff’s personnel management team from January 1, 2010 to June 20, 2016. Defendant C served as the managing director in charge of the Plaintiff’s management planning from February 17, 2014 to February 29, 2016. 2) Defendant C served as the representative director from August 10 to March 30, 2016.
Defendant C is a partner of D.
B. Defendant B’s receipt of excess benefits and payment of wages and retirement allowances to false employees from November 2010 to March 2016, Defendant B received money in excess of the benefits stipulated in the annual salary contract with the Plaintiff as wages from the Plaintiff. During the above period, Defendant B paid KRW 126,192,308 in total, and the Plaintiff paid KRW 6,528,232 with the four major premiums. Defendant B sent the above KRW 126,192,308 to D with the Plaintiff’s financial officer. Defendant B transferred the said KRW 126,192,30 to D with the Plaintiff’s working person as the financial officer, and Defendant B assumed that the Plaintiff was working as the Plaintiff’s employee, F, G, H, I, J, and K from February 2, 2007 to May 2016.
In addition, Defendant B transferred KRW 23,875,080 as retirement allowances to the above account of G, H, I, J, and K from July 2007 to November 2013.
The Plaintiff paid the total of KRW 35,402,680 as the 4th insurance premium for the above false benefit, and paid the total of KRW 735,350 as the retirement income tax for the above false retirement benefit and the resident tax.
D directly managed and used the accounts of the aforementioned false employees.
C. According to Article 4(1) of the Regulations on the Payment of School Expenses by Defendant C, the Plaintiff at least three years at the time of the payment base date.