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(영문) 서울중앙지방법원 2020.09.10 2019나43391
임금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 63,865,840.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaging in crowdfunding business, etc., and the Plaintiff and Defendant B owned 50% of the shares of each Defendant Co., Ltd. as joint representative director.

4. The plaintiff, such as the resignation of an officer, is confirming that he had already resigned and retired as all officers and employees of the defendant company at the time of conclusion of the agreement, and will not participate in the affairs of the defendant company for any reason after the conclusion of the agreement

In the termination of the labor relationship of the defendant company, the plaintiff received all of the retirement allowances and the labor cost for the labor-management agreement under Article 5, and does not raise any objection to all the compensation related to the termination of the labor relationship later.

5. Defendant B should pay to the Plaintiff the amount of KRW 100 million in return for retirement pay and stock value.

The defendant company shall pay 75,00,000 won as retirement allowance after completion of the registration of change of officer, and the balance of 25,000,000 won shall be paid simultaneously with the receipt by the defendant B of the shares of the transferee designated by the plaintiff.

Provided, That when the balance is paid, the balance shall be paid after deducting the taxes on the transfer of stocks under Article 9 (2) and a series of various expenses for the lawsuit under Article 8 at the time of occurrence.

8. The Defendant Company’s agreement to pay all the costs incurred by the Defendant Company’s litigation proceeding managed by the Plaintiff, and to withdraw all the costs incurred by the Defendant Company following the conclusion of this Agreement.

In addition, if litigation costs were incurred after the remainder payment, the plaintiff shall pay all of the relevant expenses within seven days from the date of occurrence of the expenses.

B. On July 26, 2018, the Plaintiff entered into an agreement with Defendant B on the transfer of shares and the change of executive officers and employees (hereinafter “instant agreement”).

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