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(영문) 수원지방법원 2018.06.22 2017가합17392
퇴직금 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. Defendant J commenced a business selling cosmetic products with the former husband L and from around 2003 to “M”, and around May 2010, Defendant J opened and operated an individual entrepreneur under the name of Defendant J and established N Co., Ltd. (hereinafter “N”) for the management purpose of K on November 2012, and L transferred to Defendant J the entire management and management right of K and N.

B. The Plaintiffs filed a claim against N as an employee for the payment of retirement allowances (this Court 2016Gahap81228). The Plaintiffs asserted that N is not only the Plaintiffs but also Defendant K, a corporation separately established by Defendant J (hereinafter “K”).

C. Considering such circumstances and the fact that K had previously been an individual business entity of Defendant J, the Plaintiffs seek to pay retirement allowances in the same way as that of the lawsuit filed against N in preparation for the case that Defendant J or Defendant K is recognized as an employer.

The specific amount of a retirement allowance claim shall be as follows:

(1) Plaintiff A: Working period of August 13, 2012 - 123,649 won for average wage of 123,649.79 won for each day - retirement allowance of 12,561,464 won - Total daily average wage of 30 days ¡¿ (2) - Working period of 167, 227.83 won for each service period of 20.45 days (3.6 days on June 12, 2006) - Employment period of 36.4 days on June 14, 2015 (328.6 days on new employment): Average wage of 167,227.83 won - Retirement allowance of 45, 206, 393 won for each service period of 20.6 days on March 16, 209 - Retirement allowance of 201 to 36.5 days on average wage of 14.7 days on each other (3.6 days on new employment period);

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