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(영문) 서울중앙지방법원 2016.10.20 2015가단201884
임금등
Text

1. The Defendant’s KRW 47,239,035 as well as the Plaintiff’s annual rate of KRW 6% from December 18, 2015 to October 20, 2016, and the following.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 15 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 to 20, and the testimony of the witness C, and the whole purport of the pleadings.

Defendant Company (hereinafter “Defendant Company”) is a company designated by the Minister of Trade, Industry and Energy as a defense industry company by meeting the facility standards and security requirements prescribed by the Government, and the Plaintiff is a professional manager who has worked for a long time in Samsung Electronic System, etc.

On August 28, 2003, Nonparty C established the Defendant Company, and on March 8, 2012, upon the Plaintiff’s introduction, Nonparty C concluded a sales contract for 60.34% of the shares of the Defendant Company to F Co., Ltd., a management owner and representative director (hereinafter “F”).

B. On March 12, 2012, the Plaintiff entered into a commission agreement with the Defendant Company E to hire the Plaintiff as its representative director. From March 7, 2012 to March 6, 2017, the Plaintiff entered into a commission agreement with the professional management partner who shall pay 1/12 of the basic annual salary as retirement pay (hereinafter “instant commission agreement”) for five years from March 7, 2012 to March 6, 2017.

C. After entering into the instant commissioning Agreement with the Plaintiff, E was appointed as an intra-company director on March 14, 2012, and on March 31, 2015, he/she was appointed as the respective representative director.

The Defendant Company appointed the Plaintiff as an internal director and a joint representative director at the general meeting of the Defendant Company, which held on March 14, 2012, as stipulated in the instant commission agreement.

In addition, on March 31, 2015, the defendant company transferred the plaintiff to the shareholders' general meeting of the defendant company held on March 31, 2015.

E. On March 14, 2012, the Plaintiff assumed office as the representative director of the Defendant Company and served as the representative director of the Defendant Company.

However, E has the employees of the defendant company.

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