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(영문) 서울남부지방법원 2016.09.02 2014가합13533
임금
Text

1. The Defendant’s KRW 103,997,80 for the Plaintiff and the following: 6% per annum from October 24, 2014 to September 2, 2016.

Reasons

1. Basic facts

A. The Defendant is a company whose purpose is transaction brokerage business, electronic commerce business, etc., and the Plaintiff is a person who served in the Defendant’s overseas business team from February 8, 2008 to May 2014 and retired from office.

B. The Plaintiff, the representative director of the Defendant, and C, from February 8, 2012 to February 8, 2013, written employment contract signed on February 8, 2012, which was “from February 8, 2012 to February 8, 2013, the amount of wages of KRW 6 million per month, and the monthly payment date of wages,” and written employment contract signed on February 9, 2014, which was “from February 8, 2013 to February 9, 2014, the amount of wages of KRW 6 million per month, and the 10th day of each month of the payment date of wages,” and written employment contract signed on February 8, 2013, which was “from February 9, 2014 to February 8, 2015, the amount of wages of KRW 6 million per month, and the payment date of wages of KRW 10,000 per month.”

(hereinafter referred to as “instant employment contract” in total)

C was in office as the representative director of the Defendant, and was dismissed from office as the representative director and the director according to the resolution of the Defendant’s general meeting of shareholders as of June 10, 2014, and thereafter, the judgment of this case, such as confirmation of existence of the resolution of the general meeting of shareholders as of June 10, 2014, became null and void, and the Defendant’s representative director and the director’s position were restored on April 7, 2016.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including each number, hereinafter the same shall apply), Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff would receive KRW 6 million per month from January 2012 to April 2014, and provided labor under employment by the Defendant.

However, from January 2012 to February 2013, the Defendant paid 3.5 million won per month to the Plaintiff; from March 2013 to April 2013, 3.5 million won per month; from May 2013 to July 2013, 3.5 million won per month; from August 2013 to September 2013, 3.6 million won per month; from October 2013 to September 2013, 3.10 million won, 3.1 million won was not paid; and 6 million won per month from November 2013 to April 2014. Thus, unpaid wages were paid.

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