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(영문) 서울남부지방법원 2018.07.20 2017나62745
임금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this court is dismissed.

3...

Reasons

1. Basic facts

A. The Defendant was established on October 29, 2015, and was engaged in the secondary batteries manufacturing and distribution business (hereinafter “Defendant Company”), and C was appointed as the representative director.

B. The shareholders of the Defendant Company are D (35%) c (35%) 3 (35%) e (20%) 20%) and F (10%) c) , and the Plaintiff used the name stating the position of “representative director” while working as business directors of F Co., Ltd.

C. After the establishment of the Defendant Company, from September 2016 to September 3, 2016, the Plaintiff substantially operated the management right of the Defendant Company D, E, and the Plaintiff, who was in charge of funding and accounting of the Defendant Company, and C was in charge of producing Lithium ship.

In December 21, 2015, through early 2016, Defendant Company had been in progress with the establishment of a research institute to apply for business start-up funds to the Small and Medium Business Administration, and the Plaintiff, while taking charge of practice related to the establishment of a research institute, joined the fourth social insurance with Defendant Company as its workplace on December 21, 2015.

E. Although the Defendant Company’s wage ledger entered that G, H, and the Plaintiff were paid 1.5 million won per month salary from January 2016 to October 2016, the amount of wages paid as the monthly salary was not actually paid, such as the above wage ledger.

[Ground of recognition] Evidence Nos. 1 through 11, Evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff, on January 1, 2016, is in charge of the business and accounting affairs with the Defendant Company, and entered into an employment contract with the Defendant Company to receive KRW 1,500,000 per month wage, and served at the Defendant Company on October 31, 2016, but was not paid at all for ten months until the Defendant Company retires. As such, the Defendant Company is obligated to pay the Plaintiff wages of KRW 15 million for ten months (i.e., monthly wage of KRW 1.5 million x 10 months) and damages for delay.

(2) We examine the judgment, as seen earlier, the Plaintiff in the Defendant Company.

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