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(영문) 서울남부지방법원 2018.01.31 2016가단225241
퇴직금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established on February 20, 209 for the purpose of manufacturing and selling computers and related parts. The Plaintiff is a person who was employed as a representative director and an intra-company director from the time of the establishment of the said company until January 1, 2013, and was dismissed through a temporary general meeting of shareholders on September 2, 2014.

B. The circumstances leading up to the establishment of the Defendant Company (1) (C) established D Co., Ltd. on March 1998 to employ Plaintiff, E, and F, and run the business of developing computer programs. On October 2008, the Plaintiff, E, and F established the Defendant Company which was engaged in the same business by succession most of the business partners of the said Company. The Plaintiff, E, and F continued to engage in the same business with C by joining the Defendant Company.

(2) Since C was a bad credit holder during the closure of the business, C was the representative director of the Defendant Company in the name of the Plaintiff. However, from the time of the establishment of the Defendant Company to January 2010, C was in charge of the overall business management, including fund management, as a substantial manager, and E and F worked as the Defendant’s executive.

C. Around January 2010, the agreement between the Plaintiff, C, E, and F and the first agreement between the Plaintiff, C, E, and F were reached, and around December 2010, the Defendant Company’s corporate card used by the first agreement E was rejected as of December 2009, and the E, F, which came to know that C used the Defendant Company’s funds individually as the Defendant Company’s capital. Accordingly, the agreement was reached between the Plaintiff, C, E, and F and the Plaintiff (hereinafter “first agreement”) that “C is against the Defendant Company’s management, and the Plaintiff actually operates the Defendant Company as its representative director, and the profits accrued from the G business that C received as the Defendant Company’s effort separately from the relationship with C would result in C, and 50% of profits accrued from the business that C and the Defendant Company received as a new business is divided, respectively (hereinafter “first agreement”).

(2) On October 2012, the Plaintiff following the first agreement.

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