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(영문) 서울동부지방법원 2016.08.25 2015가합1008
임금
Text

1. The defendant,

A. The Plaintiff (Appointeds) KRW 19,182,701, KRW 11,560,568, and KRW 25,314 to the Appointeds C.

Reasons

1. Basic facts

A. A. Around August 2000, the Defendant established the HLLC, a Chinese corporation located in the name of China, with the sole investment of the Defendant (hereinafter “Nonindicted China corporation”).

B. The Defendant issued a public notice of recruitment of workers who will work in a Chinese corporation, and the Plaintiff (appointed parties; hereinafter “Plaintiff”) and the designated parties submitted a written employment contract to the Chinese corporation upon the recommendation of the Defendant or upon the employment process determined by the Defendant, and the designated parties F worked in charge of general management of the Chinese corporation, the Plaintiff and the designated parties C, D, and E, each production management, and the designated parties G were in charge of trade and customer management.

C. The Plaintiff and the designated parties received 60% benefits from the Defendant during the period of service, the remainder of 40% from the Chinese corporation, and the Plaintiff and the designated parties received 40% benefits from the Chinese corporation. After withdrawal, the Plaintiff and the designated parties received 40% benefits from the Chinese corporation.

Plaintiff

The remaining retirement allowances (hereinafter referred to as "each of the instant retirement allowances") excluding retirement allowances paid by the non-party Chinese corporation among the retirement days, retirement days, and retirement allowances for each of the above service periods of the designated parties, shall be as follows:

The fact that each of the instant retirement allowances (Plaintiffs) A (Plaintiffs) on April 2, 2002 as of the date of his/her name and membership as of April 30, 201; F. 19,182,701 on April 30, 201; F. 48,397,582 C on September 4, 2012; June 30, 2012; 11,560,568 D D on April 30, 201; 201; 314,048 E on April 7, 2012; 201; 31,50,00 or less evidence No. 14455, Jan. 31, 201; 30,501; 15,000 or less evidence No. 14475, Dec. 31, 2012; 2015>

2. The parties' assertion

A. The plaintiff's assertion and the designated parties are those who retired from a subordinate relationship with the defendant's employee, and the defendant grants retirement allowances to the plaintiff and the designated parties under each Labor Standards Act as to the portion of the wages paid directly by the defendant.

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