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1. The Defendant’s joint and several shares of KRW 31,00,000 with the agricultural partnership corporation and the Plaintiff on August 31, 2017.
Reasons
Basic Facts
The term of the contract for the employment of claims, such as the Plaintiff’s wage: From December 19, 2013 to December 31, 2016 (the renewal of the contract upon the expiration of the contract period): General work wage - monthly wage - monthly wage excluding financial affairs: KRW 2.5 million when the profit of the company is normalized, KRW 3.5 million - bonus: bonus in the case of black.
-Other benefits: mutual agreement;
- Wage Payment Date: the 19th day (on the preceding day in the case of a holiday) per month - The business owner shall pay to the workers an amount calculated by multiplying the remaining month by 3.5 million won per month in the case of dismissal of workers before the expiration of the working period.
On January 8, 2014, the Plaintiff entered into an employment contract (hereinafter “instant employment contract”) with a third-party share price, and was notified of dismissal on August 11, 2014 by the third-party share price as follows:
(hereinafter “instant dismissal”). The third party asserted that there was a justifiable reason for the dismissal of the instant case, and filed a lawsuit against the Plaintiff to confirm the existence of a debt, and the Plaintiff filed a counterclaim against the said third party during the said lawsuit against the said third party.
[Attachment District Court Decision 2015Da50384, 2015Da54058 (Counterclaim). The Jeju District Court rendered a judgment against the Plaintiff on January 12, 2016, and the Plaintiff appealed on this issue. The appellate court appealed on November 16, 2016, on the ground that “the instant dismissal does not constitute an inevitable dismissal under Article 661 of the Civil Act, and the instant employment contract is still in force” on the ground that “the instant dismissal is still valid” on the ground that “the instant dismissal is still valid” = 5,00,000 won from September 1, 201 to October 31, 2014 x the pertinent portion of wages reduced by 5,00,000 won for two-month wages from November 1, 2014 to 200% prior to the expiration date of the instant employment contract x 200% prior to the expiration date of the contract x 2005% prior to the expiration date of the contract.