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(영문) 서울중앙지방법원 2015.12.02 2015가합500175
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 120,000,00 and 5% per annum from September 16, 2015 to December 2, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of providing human resources services, etc., Defendant B was employed as the representative director or joint representative director of each Plaintiff from March 31, 2001 to March 31, 2013; Defendant C was employed as the representative director or joint representative director from August 25, 2005 to March 31, 2013.

From March 31, 2004 to May 3, 2004, Defendant B and D were co-representatives, and from August 25, 2005 to March 31, 2009, the Defendants were co-representatives.

B. The Plaintiff, from around 2005 to around 2013, paid the following nominal money to the Plaintiff’s officers or shareholders during the period from 2005 to 2013.

1) The Plaintiff’s officers were in office as the head of the Plaintiff at the time of receiving the first half-year bonus in 2005, and were in office as a director from the time of receiving the first half-year bonus in 2007. Of the instant bonus, the amount of KRW 8,600,000 received during the first half of 2005 to the first half of 2007 (= KRW 3,600,000,000 for 3,60,000,000 for 2,007 first half-year 2,00,000,000 for 2,005,000 for 2,005,000 for 2,005,000 for 2,005,000 for 2,300,0000,000 for 205,000 for 205,0000 for 205,2008.

(2) The Plaintiff paid the Plaintiff’s performance-based bonus of KRW 47,925,00 in 2007, KRW 60,050 in 2008, KRW 30,279,00 in 209, KRW 69,980,00 in 2010, KRW 70,380 in 201, KRW 70,380 in 201, and KRW 348,94,00 in total (hereinafter “instant performance-based bonus”).

3) The Plaintiff’s management allowances of KRW 140,00,000 for executive officers in 2010, KRW 45,000,000 for management allowances, and KRW 45,000 for year 201, and KRW 140,000 for management allowances (hereinafter “instant management allowances”).

(4) Around February 2010, the Plaintiff paid 5,185,000 won (hereinafter “instant multiple-time subsidy”) to executive officers on and around February 201.

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