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(영문) 부산지방법원동부지원 2019.07.16 2018가단6985
임금등
Text

1. Defendant B’s KRW 7,700,000 and its portion

(a) As regards KRW 2,700,000, October 1, 2018:

(b) 5,00.0

Reasons

1. Summary of the plaintiff's assertion

A. Claim 1 for unpaid benefits, etc.) The Plaintiff entered into an employment contract with the Defendants and entered into a contract, and between May 12, 2014 and February 28, 2016, as well as D (hereinafter “D”).

(E) A Co., Ltd. (hereinafter referred to as “E”) served as a management director, from August 6, 2016 to March 31, 2017.

2) The Plaintiff entered into an employment contract with Defendant B, and the Plaintiff entered into an employment contract with the F Co., Ltd. (hereinafter “F”) from November 1, 2014 to March 24, 2016.

(2) The Plaintiff served as a management director. However, the Plaintiff did not receive retirement allowances of KRW 3,605,443 and annual allowances of KRW 99,99,90 while serving as a management director. The Plaintiff did not receive retirement allowances of KRW 2,763,850 and annual allowances of KRW 919,560 while serving as a management director. The Plaintiff did not receive retirement allowances of KRW 18,000,000, retirement allowances of KRW 3,567,120 and annual allowances of KRW 1,609,200 while serving as a management director. 2) Even if the Plaintiff and the Defendants were not to have concluded a labor contract but to have concluded a labor contract between the Plaintiff and D, E, and F, denying the Defendants’ liabilities on the ground of this is in violation of the principle of trust and good faith, and thus, it may be held liable for the said labor contract.

3) On the other hand, the Defendants agreed to pay unpaid benefits, retirement allowances, and annual salary between the Plaintiff and the Plaintiff. 4) On the other hand, the Defendants appears to have written the application for amendment of the purport of the claim on April 11, 2018, “as of September 21, 2019; September 10, 2019; and December 20, 2019,” respectively, to read “as of September 21, 2018; September 10, 2018; and December 20, 2018.”

The Defendants are jointly and severally liable to pay to the Plaintiff KRW 22,705,163 (=31,465,163) - KRW 8,760,000, out of total of KRW 31,465,163 (=31,465,163 - 8,760,000 and delay damages.

B. The Plaintiff seeking a loan.

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