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(영문) 부산지방법원동부지원 2016.06.07 2015가단207251
보수지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff asserts that the plaintiff is entitled to pay the remuneration and retirement allowance to the defendant for the following reasons.

① From May 12, 2012 to June 20, 2014, the Plaintiff worked as the head of the Defendant’s father-partnership.

② On January 29, 2014, the Defendant paid 3,795,460 won to the Plaintiff for reasons that the financial status is difficult, but did not pay remuneration and retirement allowances equivalent to the remaining 22 months.

③ Therefore, the Defendant is obligated to pay the Plaintiff KRW 51,782,31 (=32,261,410 (=17 months excluding two months out of the total 19 months from June 1, 2012 to December 31, 2013} 13,759,440 (i.e., from January 1, 2014 to June 20, 2014) 56,66 (i.e., increase between January 1, 2014 to June 20, 2014) and retirement benefits 5,194,795 [i.e., KRW 17 months excluding two months from June 1, 2012 to December 31, 2013] 5,795 [i.e., (ii) 3,549, 466/666) 】 206 days 36/666 days 206).

B. Defendant’s assertion that: (a) the Defendant paid remuneration to the president of the father of the partnership before 2011 as a full-time employee; (b) thereafter, the Defendant removed the remuneration to the president of the father of the association due to financial shortage; (c) deliberated upon by the board of representatives on February 25, 2011; and (d) completed the resolution at the general meeting on May 21, 201; and (e) on the grounds that there exist no grounds for the payment of remuneration and retirement allowances to the president of the father association, the Defendant asserts that the Plaintiff’s claim

2. According to the reasoning of the lower judgment, the Defendant’s payment on a monthly basis to the Plaintiff from May 2012 to August 2014, the document stating that the Defendant paid the insurance premium on a monthly basis to the Plaintiff from May 2012, 2012, and the Defendant’s payment of the insurance premium on a monthly basis, but is recognized as having paid the insurance premium on a yearly basis, taking full account of the following circumstances, the Plaintiff’s payment of the insurance premium on a yearly basis, including the items in the evidence Nos. 1 to 12 (including the number of each office), No. 1 to 8, and the purport of the entire pleadings.

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