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1. The Defendant: KRW 94,884,439 for the Plaintiff and KRW 5% per annum from October 1, 2016 to October 31, 2018; and
Reasons
1. Facts of recognition;
A. The Defendant is a corporation established for the purpose of a new and renewable energy business, etc., and the Plaintiff is a person who served in the Defendant Company from June 1, 2015 to September 30, 2016 and retired from office.
B. On February 1, 2016, the Plaintiff drafted an employment contract with the Defendant on a retroactive basis as of June 1, 2015. The main contents are as follows.
(hereinafter “instant employment contract”). The total amount of annual salary is KRW 90,000,000 and the total amount paid before deducting taxes and public charges.
Monthly wages shall be the amount equivalent to 1/12 of the annual salary under a contract with 12 equal annual salary.
Where a plaintiff retires after his/her service for at least one year, the defendant shall pay a retirement allowance, and the calculation formula shall be "average wages per day (average wages for the three months before his/her retirement) x 30 days x 365."
A new employee shall be a probationary period for three months from the date of his/her entry regardless of his/her career or career.
C. The Plaintiff received wages of KRW 2.5 million per month from June 1, 2015 to August 31, 2016, which amount to the probation period stipulated in the instant employment contract, from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings
2. Assertion and determination
A. Plaintiff’s assertion 1) The Plaintiff’s wage under the labor contract of this case agreed to be paid monthly wages of KRW 7.5 million calculated by setting the annual salary as KRW 90 million from September 1, 2015, when the period of probation under the labor contract of this case expired, and dividing it by 12 months.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid amount out of the wages and retirement allowances from September 1, 2015 to September 30, 2016, calculated based thereon.
B) The Defendant and the Plaintiff’s annual salary amounting to KRW 30 million (the Defendant entered into a labor contract before the year and paid wages therefrom). However, the instant employment contract was prepared with the aim of distributing the Plaintiff’s profits by presenting it to the investors when attracting future investments in the Defendant Company.