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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. While the Plaintiff served for the Defendant Company from March 12, 2008 to July 25, 2013, the Plaintiff was not paid wages and retirement allowances due to the aggravation of the economic situation of the Defendant Company.
Accordingly, on July 25, 2013, C, the representative director of the Defendant Company, affixed the seal imprint of the Defendant Company to the Plaintiff on July 25, 2013 in the written agreement (Evidence A No. 1-1, hereinafter “instant agreement”), and thus, the Defendant Company is obligated to pay the Plaintiff KRW 130,00,00 (65 months from March 12, 2008 to July 25, 2013) and retirement pay KRW 14,162,276, and KRW 20,768,830, total of KRW 164,931,106, and KRW 50,00,00 of the shares of the Defendant Company, according to the instant agreement, to the Plaintiff.
B. First of all, as alleged by the Plaintiff, as to whether C, the representative director of the Defendant Company, prepared and implemented the instant agreement to the Plaintiff, the Health Team, and C appeared as a witness in this court and testified that there was no seal imprint of the Defendant Company in the instant agreement, and there was insufficient reason to reject the credibility of the said testimony on the sole basis of the descriptions in the evidence No. 9 and the evidence No. 14.
(1) The Plaintiff asserted that the Plaintiff signed the instant agreement on behalf of the Defendant Company, but the instant agreement does not state the name of the representative director of the Defendant Company. Furthermore, the instant agreement provides that the Defendant Company shall pay the Plaintiff the unpaid wages and retirement pay, and the litigation cost incurred by the Plaintiff in the lawsuit filed against the Plaintiff Company D (hereinafter “Nonindicted Company”) and the amount invested by the Plaintiff in the Nonparty Company shall be preserved by the Defendant Company. However, the Plaintiff’s arguments as to the evidence Nos. 2 through 6, evidence Nos. 12, and evidence Nos. 1 through 3 (including any number), and evidence No. 12, and evidence No. 3 (including any number), and the testimony by the witness C.