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(영문) 춘천지방법원영월지원 2017.07.20 2016가합10294
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On May 18, 200, the Plaintiff joined as an employee of the Defendant, who is a limited partnership company, from that time to August 23, 2012, and served as a representative member from August 24, 2012 to December 10, 2015, and retired on December 10, 2015.

B. From the time of its establishment, the Defendant has paid benefits and retirement allowances to the representative members and auditors with the consent of the total members.

C. Around December 31, 2008, the Defendant, at the time, held a board of directors and passed a resolution with the consent of all the Plaintiff, a partner with limited liability, and three auditors, who are the Defendant’s general partners and representative members, as follows. The content is written in Gap evidence 11 (Register of the board of directors).

The wages of executives shall be classified into the basic salary and the allowances, and they shall be classified into the monthly salary system.

The wages and retirement allowances of officers shall not be paid in preference to any claims.

Where an executive is holding office for at least one year and retires, a retirement allowance equivalent to one-month average wages for one year shall be paid within 14 days.

Provided, That where there is an agreement between the parties, it may be paid in equal annual installments.

The wages of the plaintiff who is a general partner shall be KRW 4 million per month from January 2009, and shall be paid from the wages to the head of a Tong after deducting insurance premiums and taxes from the wages.

Wages of limited partners and auditors shall remain current. D.

Therefore, according to the resolution of the board of directors dated December 31, 2008, the Defendant shall pay the Plaintiff the unpaid wages of KRW 113,292,90, the amount of unpaid retirement allowances of KRW 47,980,798, the sum of KRW 161,274,788.

2. Determination as to the cause of action

A. Pursuant to Article 355(1) of the Civil Procedure Act, submission of documents shall be the original, original, or certified copy pursuant to the evidence admissibility of evidence No. 11 (the register of board of directors). The submission of documents is unlawful, in principle, as the submission of evidence by only a copy is not the original, original, or certified copy, but the mere copy is not the original, certified, or certified copy

Therefore, there is a dispute over the existence of the original and the authenticity of the establishment of the original.

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