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(영문) 서울중앙지방법원 2017.12.19 2016가합545328
손해배상(기)
Text

1. The Defendant’s KRW 866,843,559 for the Plaintiff and KRW 5% per annum from October 29, 2015 to December 19, 2017.

Reasons

1. Facts of recognition;

A. The defendant is a juristic person engaged in a commissioned agency business for studying abroad.

On December 9, 2014, the Plaintiff between the Defendant and the Defendant

A contract of employment (hereinafter “this case’s employment contract”) as described in Paragraph (1) is concluded, and thereafter, the defendant’s representative director was working as the defendant’s representative director from around that time and retired on October 28, 2015.

B. Details of the employment contract of this case

1. On the premise of the automatic extension under 1.1 below the contract period, the initial period of this contract was from December 9, 2014 to January 1, 2015, but the original written contract was amended and entered in accordance with the Plaintiff’s assertion that the date of entering into the contract was the initial date.

five years.

If the defendant did not notify the plaintiff that he did not intend to extend the contract 90 days prior to the expiration of the first term, the contract shall be automatically extended every one year.

3.1 Remuneration shall be 3.1:

(a) A monthly salary of 200 million won per the first year of this Agreement, except for Boners, benefits, etc.

(hereinafter omitted)

5. The definitions of terms in Chapter 5.1 for termination shall be as follows:

(e) The meaning of justifiable grounds (i) where an employee continuously failed to perform his/her duties after notifying the Plaintiff of the failure to perform his/her duties and giving a reasonable opportunity for correction, (ii) where the Plaintiff committed an act detrimental to the company or expressed critical opinions on the newly appointed directors and states after the alteration of the control. (iii) Where the Plaintiff committed an act with intent to directly or indirectly benefit or to engage in the act with intent to directly or indirectly at the company’s expense and with intent to engage in such act, the Defendant is obligated to:

(a) Upon the termination of the employment contract due to the expiration of the initial period of time, the Defendant shall (A) the amount calculated by adding the Plaintiff’s average wage of 30 days per the three-month period immediately preceding the date of the retirement and 1/12 of the last incentives received by the Defendant, provided that the incentive premium is above.

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