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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff served in E Co., Ltd. (hereinafter “E”) from May 1, 2005 to January 25, 2008. However, from January 1, 2007 to January 2008, the Plaintiff did not receive KRW 32,500,000 (monthly 2,500,000 x 13 months x 13 months) and retirement allowances of KRW 5,916,460, totaling KRW 38,416,460.
B. Around the time of the Plaintiff’s work, the representative director of the E Company was B, and the E Company was changed to F (Representative I) corporation on December 17, 2007, and its trade name was changed to J on September 29, 2009.
C. On July 18, 2008, the Plaintiff received KRW 5 million out of the overdue wages from G who worked as a management director of the E company.
[Reasons for Recognition] Evidence Nos. 2, 3, Eul evidence No. 2, testimony of witness G of the trial court, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. 1) The defendant, who is the actual operator of the plaintiff E company, promises to pay the wages in arrears individually to the plaintiff. Thus, the defendant is obligated to pay the unpaid wages and retirement allowances to the plaintiff. 2) The defendant is not the actual operator of the defendant E company, but merely was the person responsible for the management and office of the company, and there is no fact that the defendant promises to pay the plaintiff wages individually
In addition, since H acquires E company from B to take over the Plaintiff’s overdue wages, the Plaintiff should claim the payment of overdue wages in the E company, the transferee, H or employer, the E company.
B. In full view of the purport of each testimony by E company Gap evidence No. 4, Eul evidence No. 2, Eul evidence No. 2, witness D of the first instance trial, and witness G of the party trial, the plaintiff and D, an employee of E company, filed a complaint with B and the defendant on the ground of delayed payment of wages in around 2008, and the defendant, the actual operator of E company, after the case was forwarded to the prosecution, requested revocation of the complaint by stating that "if the complaint is revoked by receiving five million won per day, the remaining wages in arrears will be paid later," and G from 2003 to 207.