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(영문) 서울중앙지방법원 2015.12.04 2015가합506210
해고무효확인
Text

1. Defendant C shall pay each of the Plaintiffs KRW 5,753,424.

2. The plaintiffs' remaining claims against the defendant C.

Reasons

1. Basic facts

A. The Plaintiffs, from around 2010 to around 2010, had been operating a dubly specialized store with the trade name “F” in Suwon-si E, Suwon-si. However, around September 2014, the Plaintiffs was proposing Defendant D to establish and operate a new dubing house together with Defendant D.

B. Around October 2014, the Plaintiffs and Defendant C, the children of Defendant D, drafted a restaurant operation contract (hereinafter “instant contract”) and the content thereof are as follows.

Defendant C and I restaurant manager of the 2nd H restaurant in Gangnam-gu Seoul Metropolitan Government, Seoul, shall agree on the operation and management of the H restaurant and conclude this contract as follows:

Article 1(Purpose)The purpose of this Agreement is to ensure that Defendant C’s restaurant is the manager of Defendant B; Defendant A is to operate and manage as a cook to make every effort to create profits; and to set the rights and obligations related to the operation of the restaurant and to be fair contracts among themselves.

Article 2 (Annual Salaries) Defendant C shall pay an annual salary of KRW 70 million to the Plaintiffs, and the annual salary includes all expenses, such as retirement pay, various allowances (additional work, night work, holiday work, etc.), bonus, etc.

An annual salary shall be paid in installments after deducting various taxes, including four major insurance, from monthly sales, and after the evaluation of performance, the defendant C shall pay 20% of the net operating income to the plaintiffs for the following month in which the net operating income is appraised in special contributions in the form of special contributions, if the net operating income [the total sales, total operating income [the amount of KRW 40 million per month, the cost of materials expenses, the amount of KRW 10 million per month, the cost of materials expenses, taxes, public charges, taxes, taxes, etc.] exceeds the quarter of profit and loss.

(Provided, That if the annual salary for the next year is less than the quarterly point of profit and loss, the term of validity of this contract under Article 3 (Contract Period) shall be five years from the date of the contract, and in principle, renegotiations the annual salary after evaluation of performance every one year.

However, unless this contract is violated, the plaintiffs and defendant C shall be the minimum contract term.

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