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(영문) 창원지방법원 2020.12.24 2019나63642
임금
Text

1. Defendant against Plaintiff (Appointed Party) in excess of the following amount among the judgments of the first instance court.

Reasons

1. Basic facts

A. On March 20, 2018, E entered into a contract for transfer or acquisition of a corporation with F, the representative director of the Defendant, as follows:

(hereinafter referred to as “instant contract for the transfer of a corporation”). Article 1 (Purpose of this Agreement) F comprehensively transfers to E all rights and duties relating to the Defendant’s business he/she manages, and E takes over.

Article 4 (Effect of Transfer and Acquisition) The effects of transfer and acquisition under this Agreement shall accrue from March 20, 2018, and F and E shall be responsible for and implement the above matters.

Article 7 (Matters of Special Agreement)

5.E shall, in any event, be liable for the overall matters of the Company and shall lose its effect in the event of avoidance or non-performance of liability.

B. On May 3, 2018, the Defendant’s board of directors held on May 3, 2018 passed the following resolutions:

The representative director F, who is the Speaker, shall confirm the gender and declare the holding of the meeting and, on the following terms, shall make a full-time resolution without objection: The actual representative E: C, D, G, H, insured: C, D, G, H, H, and A subscription date: April 1, 2018 (Retroactive Application): National, Health, Employment, and Personal Liability Amount of Industrial Accident Insurance shall be applied after separate consultation and the retroactive payment shall be made retroactively.

(1) On April 1, 200, representative E will be fully responsible for the employment of five above insured persons, the purchase of four major insurance, and 18.50,000 won per person, 20th day of each month.

C. On May 30, 2018, E drafted a “written guarantee of liability” with the content of each of the following “special agreements” with Plaintiff A, Appointed C, and D (hereinafter “Plaintiff, etc.”) (hereinafter “Plaintiff, etc.”) on May 30, 2018:

(E) The person who prepares the above letter shall write E, affix his personal seal, and affix his personal seal. 1. Name A:

2. Duties: Members;

3. Retroactive benefits: 1850,000 won.

4. Monthly salary: 2.5 million won and retroactively apply from April 1, 200 and 6.50 thousand won after July 31.

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