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(영문) 서울중앙지방법원 2015.06.30 2015가합3810
봉급지급
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Law Firm C, Plaintiff, Defendant, and D status 1) Law Firm C (hereinafter “C”)

On July 21, 1989, the purpose of which is to carry out the duties of attorney-at-law, patent attorney, notary public, etc. C has been established on July 30, 2009. On June 30, 2009, C passed a resolution for dissolution at a meeting of partners, and completed the registration of dissolution on July 13, 2009. 2) D served as a representative attorney-at-law from October 24, 1990 to July 12, 2004.

D was appointed as a representative lawyer on February 25, 2009, and on June 30, 2009, he was appointed as a liquidator.

3) The Plaintiff entered into a labor contract with C around the time of its establishment, and continued to serve as D’s driver from that time. 4) The Defendant served as a member attorney from May 28, 199 to September 30, 200, while serving as a representative attorney from March 2, 2006 to February 25, 2009.

From March 13, 2009, the Defendant established and operated a personal law office with the trade name “E”.

B. D’s resignation of the representative attorney-at-law of D and the defendant’s office process 1) D are F and other members attorneys-at-law at the time of resignation of the representative attorney-at-law of C on July 12, 2004 (hereinafter “F, etc.”).

B) As between D and D, D shall provide for all necessary cooperation so that D can only change the name of the agent under the name of the patent attorney or patent firm designated by F, etc. with respect to the patent application agency for intellectual property rights such as C’s patent, trademark, etc. currently in the name of D, or all related business affairs. F, etc. will transfer D’s share to the Defendant on February 22, 2006 so that the Defendant can be appointed as the representative attorney-at-law of C, and F, etc. will substitute D as the honorary president of C, and pay 150 million won per month from July 2004 to December 2004 as a merit reward and pay 50 million won per lifelong year thereafter.

D and the major contents of the written agreement (Evidence A No. 5) prepared by the defendant at that time are as follows:

1. D is out of the shares held against C by the Defendant.

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