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(영문) 광주지방법원 2015.11.25 2015가단513843
임금
Text

1. Defendants B and D jointly share the Plaintiff KRW 9,49,950, and their amount from November 15, 2014 to June 15, 2015.

Reasons

1. Determination as to the defendants' primary claims

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is the Defendant Limited Company B (hereinafter “Defendant Company”) around November 1, 201, around November 1, 201.

(2) The Plaintiff and the Plaintiff did not pay the Plaintiff the unpaid pay, retirement pay, and the necessary expenses, as the director of the Defendant Company was paid KRW 5,00,00 as monthly salary, but was not partially paid. On October 1, 2014, the Defendant Company did not receive retirement allowance even after retirement, and the Plaintiff paid KRW 37,423,244 with the Plaintiff’s personal money to operate the Defendant Company while the Defendant Company was in office as a director, and only received KRW 30,040,00 among them, and did not receive the remainder of KRW 7,383,244. As such, the Defendant Company is jointly and severally liable to pay the Plaintiff the unpaid amount, retirement allowance, and the necessary expenses. Defendant D’s acquisition of the Defendant Company from Defendant E did not have the obligation to instruct and supervise the Defendant Company to operate the Defendant Company by October 30, 2014, and the Plaintiff did not have the obligation to pay the Defendant Company’s retirement allowance to the Plaintiff as a director of the Defendant Company.

B. Determination of whether an employee is a worker subject to the Labor Standards Act shall be based on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in substance regardless of the form of a contract. In determining whether an employee is a dependent relationship, the content of the work shall be determined by the employer.

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