logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.08.14 2018가단20476
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C was appointed as the president of the Defendant Union on June 11, 2011, and retired from office on June 11, 2014.

B. C received KRW 2,500,000 per month as benefits from May 2012 after having taken office as the president of the Defendant Union, but was unable to receive the operating expenses of the Plaintiff due to the business difficulties of the construction company participating in the reconstruction project, and was not paid the benefits from June 2012.

C. On February 12, 2018, the Plaintiff acquired the claim amounting to KRW 100,000,00 from C with respect to the wages, work costs, and the cost of the storage of goods against the Defendant, and C notified the Defendant of the assignment of the claim around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion that C carried out the work of the president of the partnership while he was unable to receive benefits. Since the president of the partnership did not elect even after the expiration of the term of office, he continued to consult with the construction company until January 2015 and carried out the work as the president of the defendant partnership, such as promoting moving expenses, lending of PF loans, etc., the defendant is obligated to pay C wages and bonuses, retirement allowances totaling KRW 92,500,000 [i.e., wages and bonuses totaling KRW 77,500,000 (= KRW 2,500,000 per month x 31 month) x 31 month) bonus totaling KRW 10,000,000 (annual two years each year), KRW 5,00,000,000, KRW 104,934,759, KRW 000, KRW 3000, KRW 700, KRW 3000, KRW 305,0000.

3. Determination

A. Determination on the Defendant’s defense prior to the merits

arrow