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(영문) 울산지방법원 2018.09.06 2017가단21199
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 5 and the purport of the entire pleadings.

A. The defendant is a company that manufactures automobile parts, etc.

B. On April 26, 2016, the Defendant is a contract under which the Defendant employs the Plaintiff as an executive officer (the vice president) with the following content (hereinafter “instant employment contract”).

AB concluded the agreement.

Contract term: Annual salary from June 1, 2016 to May 30, 2019: 80,000,000 performance plan: C Co., Ltd. (hereinafter referred to as "C") for 2016.

and D Co., Ltd. (hereinafter referred to as “D”).

In 2017, the registration of a business entity with at least one company at least one second and third partner: At least five billion won as of acceptance (e.g. sale) and at least 10 billion won as of acceptance of orders: 2019: Business, acceptance of orders, and other activities to maintain production of KRW 20 billion a year since 2019: Where the employment is terminated before the expiration of the contract period, the annual salary for the remaining contract period (the annual salary x the remaining contract period) shall be paid, and where the employment is terminated due to a failure of the plaintiff's performance plan, the annual salary for the remaining contract period shall not be paid, and other remuneration and retirement allowances for officers shall be equivalent to the defendant's internal management regulations.

C. The Defendant terminated the instant employment contract for executive officers as of July 20, 2017 on the grounds of insufficient performance plans, etc., and around that time, paid the annual salary for two months to the Plaintiff as consolation benefits.

2. The parties' arguments and issues

A. The plaintiff's assertion that the defendant arbitrarily terminated the employment contract of this case without justifiable grounds.

Therefore, as stipulated in the instant employment contract, the Defendant is obligated to pay to the Plaintiff KRW 140,00,00 (=6,667,000,000 (i.e., annual salary of KRW 80,000 ± 12 months) 】 21 months (=from October 1, 2017 to May 30, 2019) and delay damages for the remaining contract term).

B. The defendant's assertion is as follows.

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