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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On December 2017, the Plaintiff was presented by C to conduct joint business by establishing the Defendant, which has a patent right and business ability.
B. Accordingly, on December 12, 2017, the Plaintiff entered into a contract with C to establish and operate the Defendant with the following content (hereinafter “instant contract”).
The plaintiff shall invest 155,00,000 won to acquire 12,000 shares, which are 40% of the total number of shares issued by the defendant, and C shall invest 55,000,000 won and all kinds of patent rights, thereby acquiring 16,50 shares, which are 55% of the total number of shares issued by the defendant.
The plaintiff and C are paid KRW 2,00,000 each month as directors' remuneration, etc. from January 2018.
(hereinafter referred to as the “instant fee agreement”)
C. The Plaintiff and the Defendant established the Defendant on December 13, 2017. The Plaintiff acquired 12,00 shares issued by the Defendant, C’s 16,50 shares issued by the Defendant, and C’s 1,500 shares issued by the Defendant respectively.
On the same day, a resolution was made to appoint D as the defendant's representative director while all the plaintiffs, C, and D, the defendant's shareholders, were present, and a resolution was made to approve the contract of this case.
E. Since January 1, 2018, the Plaintiff provided labor to the Defendant as the Defendant’s internal director.
However, the Defendant did not pay to the Plaintiff KRW 34,00,000 in total for 17 months from January 1, 2018 to May 31, 2019.
2. Determination
A. An officer, such as a director with executive authority of a company, is not a shareholder of the company, even if he/she is delegated to handle certain affairs by the company. Thus, barring any special circumstance, barring any special circumstance, the officer is not an employee under the direction and supervision of the employer and provided certain labor and received certain wages, and thus
Remuneration for directors under the articles of incorporation and relevant Acts and subordinate statutes.