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(영문) 서울남부지방법원 2015.11.11 2014가단226950
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 54,303,288 as well as 5% per annum from June 14, 2014 to November 11, 2015.

Reasons

1. Basic facts

A. The Defendant is a corporation that engages in the business of developing frying, etc. established on July 5, 2013. The Plaintiffs, as promoters, registration directors, and shareholders of the Defendant, were employed from July 5, 2013 to June 13, 2014, and Plaintiff A was called the head of office, and Plaintiff B was called the head of the team.

B. Meanwhile, the Plaintiffs were the employees of Defendant D, the Defendant’s representative director prior to the establishment of the Defendant, and the remuneration at that time was KRW 3 million prior to that time.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on the plaintiffs' benefit claim

A. Although the parties’ assertion did not prepare a labor contract with the Defendant regarding the remuneration, the parties made an oral payment to the Plaintiffs of KRW 2,657,380 after the taxing of KRW 2,657,380 as monthly wage, and paid other incentives, and concluded a remuneration contract with the content that the Defendant bears the burden of food expenses and food expenses.

However, the defendant attached Form A to the plaintiff

1. As described in paragraph (1), the sum of KRW 16,490,788 shall be attached to the Plaintiff and the Plaintiff B;

1. The claim that, as described in paragraph 2, the sum of KRW 4,555,508 was unpaid, respectively.

In regard to this, the Defendant agreed to receive the salary, performance-based bonus, food expenses, and corrosion expenses from the remainder after paying the salary of employees as the top priority in accordance with the changes in the company’s financial status as the Defendant’s promoters and registration directors and shareholders. According to the above agreement, the Defendant paid the Plaintiffs non-regularly, and the total amount of the salary A received by the Plaintiff was attached Form.

2. The sum total of KRW 31,520,550, and the sum total of salaries received by the Plaintiff B, as described in paragraph (1), shall be as shown in attached Form.

2. In addition, as described in paragraph 2, 27,241,08 won is claimed.

B. According to each of the records of the evidence Nos. 9, 14, and 19, the Plaintiffs shall pay the monthly salary of the general employees in advance between the Defendant and the Defendant, depending on the Defendant’s financial status in relation to the time of payment of the original salary.

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