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1. As to KRW 118,618,476 among the Plaintiff and KRW 108,392,857 among the Plaintiff, the Defendant shall start from December 18, 2015 to December 31, 2015.
Reasons
1. The parties' assertion
A. The gist of the cause of the Plaintiff’s claim is to receive KRW 5 million per month as wages, and the Plaintiff was employed by the Defendant and served from February 10, 2014 to December 17, 2015, but did not receive the total of KRW 111,313,350 and retirement allowances, 7,483,689.
B. The defendant's assertion is that the representative director D of the non-party C Co., Ltd. takes part in the field of the apartment remodeling project around 2012 and takes part in the field of the apartment remodeling project, and it is not employed in the defendant company. Thus, the plaintiff's claim for wages, etc. against the defendant company is without merit.
2. Determination
A. (1) The fact of recognition (1) Nonparty F was registered from July 27, 2012 to July 27, 2015 by Nonparty G, and from July 27, 2015 to December 15, 2015 by the inside director of the Defendant Company, and managed the corporate seal of the Defendant Company. However, during each of the above periods, the actual representative of the Defendant Company was Nonparty D (the wife of the F, and the external third village of the said G).
(2) On February 10, 2014, the Plaintiff and the Defendant Company entered into a labor contract with the period from February 10, 2014 to February 9, 2015, with the period from February 10, 2014 to February 10, 2015; again, on February 10, 2015, with the wage of KRW 500,000 per month; the period from February 10, 2015 to February 9, 2017.
(3) On October 30, 2015, the Seoul Western District Court 2015Kadan2291, and on November 25, 2015, the Seoul Western District Court 2015Kadan22982, the Plaintiff filed an application with Nonparty I as a legal representative for each of the instant cases, including delivery of buildings against Nonparty H, accompanied by his/her respective employment certificates.
(4) The Defendant Company attached a certificate of employment on May 14, 2014 to the Central Environmental Dispute Mediation Committee, and attached a certificate of employment to GS Construction Co., Ltd. and 2.