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(영문) 서울중앙지방법원 2017.09.26 2017가단33733
임금 및 퇴직금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. From March 1, 2005 to November 30, 2012, the Plaintiff performed its duties by holding the office of the head of the Defendant Company as the head of the headquarters.

B. On October 19, 2006, the Plaintiff agreed to receive the difference between C, auditor D, vice president E, and director F, who are the chairperson of the Defendant Company, “if the Defendant Company is normal, the Plaintiff shall receive KRW 50 million per annum of “ordinary benefits” and “ordinary benefits” and “temporary benefits (2.2 million won per month)” from the time of normalization.

(hereinafter referred to as “instant agreement”). C.

On January 6, 2014, the Plaintiff filed a lawsuit against the Defendant Company to claim a retirement allowance from November 1, 2006 to November 30, 2012 (Seoul Central District Court 2014Gahap630) and from November 30, 2012 (Seoul Central District Court 2014Gahap630). The Plaintiff was sentenced to a dismissal ruling on July 24, 2014, and filed an appeal against North Korea on June 19, 2015, but the judgment became final and conclusive around that time (Seoul High Court 2014Na39659).

(hereinafter referred to as “prior judgment”). / [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 3, 7, and Eul evidence Nos. 1 and 2 (including additional numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination:

A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant Company did not pay the Plaintiff normal wages or did not pay a retirement allowance, despite having agreed as described in the Plaintiff’s aforementioned 1-B; (b) thus, during the period from July 1, 2009 to March 31, 2017, KRW 45,950,000 as indicated in the separate sheet for the total amount of accounts payable during the period from July 1, 2009 to February 2, 2017; (c) KRW 50,000,000, and KRW 14,520,000,000, and KRW 10,000,000,005,000,000,0000,000,000,000,005, and KRW 10,000,005,000,000,000.

The plaintiff's assertion as above is below.

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