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(영문) 수원지방법원 2015.09.18 2013가합16124
퇴직금등
Text

1. Plaintiff (Counterclaim Defendant) and Defendant B, Inc., 10,464,604 won and its related amount from August 10, 2013 to September 18, 2015.

Reasons

1. Basic facts

A. From September 15, 1992 to September 15, 1992, the Plaintiff was employed in D with meat processing and selling company registered by Defendant C as a personal business operator, from February 14, 1995 to February 14, 1995, from F Co., Ltd. established on the same day from May 23, 1998 to December 7, 200, from G Co., Ltd established on the same day from December 23, 200 to December 23, 200, from September 23, 2003 to September 15, 2009, from Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) established on the same day as the meat processing engineer, and both of the above companies were engaged in the meat processing and selling business and the representative director, and Defendant CF Co., Ltd. was not the above EF and the representative director of H Co., Ltd., Ltd., and Defendant H Co.

It is currently the representative of the defendant company.

B. The sum of wages for the last three months prior to the retirement of the Plaintiff received from the Defendant Company is KRW 10,458,453 (=3,486,151) x 3).

C. On December 10, 1993, the Plaintiff borrowed KRW 20,000,000 from I, the Plaintiff’s mother, and paid KRW 25,00,000 to the Defendant C on December 15, 1993. The Plaintiff held a written right to benefit, and the seal affixed to Defendant C’s name is based on the seal of Defendant C.

D 수익주 권리서(이하 ‘이 사건 권리서’라 한다) 금액 : 貳仟五百萬원정 (₩25,000,000) 상기 금액은 D 수익지분 10%(일십프로)로서 매월 15日로 산정하여 수익지분 10%(일십)를 배분한다.

Provided, That 10% (10%) of the profits share is recognized only from the profits share, and there is no right to D's assets capital.

수익지분 10%(일십)는 원고가 수익지분을 포기할 경우 D에서는 60일 이내 10%(일십) 지분금액 貳仟五百萬원(₩25,000,000)을 원고에게 반납한다.

Defendant C of the D president on January 15, 1994

D. From September 16, 2009 to January 4, 2013, the Plaintiff entered the Defendant Company as the representative director on the register.

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