1. The Defendants jointly committed against the Plaintiff KRW 29,400,000 and KRW 4,900,00 among them, as from January 15, 2012, and KRW 24,500.

Basic Facts

A. The Plaintiff and Defendant C own 50% each of the shares of the Defendant Company.

B. The Plaintiff was appointed as an auditor by the Defendant Company, but retired on March 31, 2013, and the Defendant C is an internal director of the Defendant Company up to the present day.

C. At present, Defendant Company is insolvent.

[Based on the fact that there is no dispute, Gap evidence No. 3, fact inquiry about the D Accounting Office of this court, the plaintiff asserted the purport of the entire argument as to the purport of the whole argument, and the plaintiff was paid the wage by providing the defendant company with services such as construction of network technology, maintenance of contract, remuneration, business, etc., and the defendant company did not pay the monthly average wage of KRW 4,900,000 on December 2, 201. At the time of the plaintiff's retirement, the defendant company did not pay KRW 3,500,000 for retirement pay of KRW 24,50,000 for retirement pay corresponding to the service period of seven years. Thus, the defendant company was liable to pay the plaintiff the above amount and damages for delay.

Meanwhile, Defendant C borrowed KRW 160,80,000 from Defendant C in the form of provisional payment, and did not repay it. Since Defendant C is insolvent, the Plaintiff is entitled to exercise by subrogation the right to claim the provisional payment against Defendant C in order to preserve the claim for the payment of wages and retirement allowances against Defendant C. Therefore, Defendant C is obliged to pay the above amount to the Plaintiff.

Judgment

Even if the plaintiff is a director or an auditor of one company, his status or title is a formal and scenic purpose, and in fact, the representative director or the employer, who has a right to work daily, provides a certain work under the direction and supervision of the representative director or the employer and receives remuneration for such work.

If a representative director, etc. is responsible for certain labor under the direction and supervision of the representative director, etc. and is paid a certain amount of remuneration in addition to handling affairs delegated by the company, such officer shall be.