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(영문) 서울중앙지방법원 2015.04.02 2014가합517169
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into an agreement on the delegation of duties with the Defendant Company B (hereinafter “Defendant Company”) and was appointed as the head of the business administration and management headquarters of the Defendant Company from September 1, 2012.

Defendant C is the representative director of the Defendant Company, and Defendant D is the internal director of the Defendant Company, who was in charge of the head of the publishing production team of the Defendant Company at the time the Plaintiff started to work in the Defendant Company.

Contract term: From October 1, 2012 to August 31, 2016, one-year remuneration shall be paid upon termination of a mid-term contract with recommendation retirement.

1/12 of the annual salary payment method of KRW 131,880,000 as of the monthly payment date of KRW 131,880,000 as bonus of KRW 65,940,00 as bonus of KRW 21,890,00 as bonus of KRW 20,000 as the monthly payment of KRW 220,00 as the monthly payment of KRW 220,000 as the annual salary of KRW 220,000 as the payment method of KRW 10,00 as other payment method of KRW 20,00 as the monthly payment method of KRW 220,00.

8. Until December 24, 200, 700,000,000,000,00 a single-paid house / No later than 60 days upon termination of a delegation contract, other than the above-mentioned remuneration, children’s school expenses, marriage commemorative money, medical examination expenses, etc. may be paid separately.

B. Of the delegation contracts for duties of executives concluded by the Plaintiff and the Defendant Company, the parts relating to remuneration are as follows:

C. However, the Plaintiff served as the head of the headquarters of the Defendant Company only until August 31, 2013, which is before the expiration of the contract term stipulated in the contract for delegation of duties of executives.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants committed the following illegal acts against the Plaintiff while the Plaintiff was in office in the Defendant Company.

1) Although Defendant C did not intend to guarantee the Plaintiff four years of the contract term from the beginning, the Plaintiff could have the Plaintiff resign from the Defendant company as if it had been guaranteed. This constitutes fraud, and the Defendant Company and Defendant D knowingly participated in the act of fraud. 2) The Defendants were aware of such intent of Defendant C.

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