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(영문) 대구지방법원서부지원 2019.11.14 2018가단8099
임금
Text

1. Defendant B and C shall jointly and severally be KRW 15,634,00 for the Plaintiff (Appointed Party) and KRW 10,154,00 for the Appointed E.

Reasons

1. Defendant D Co., Ltd. (hereinafter “Defendant D”) has a defense to the effect that it is unlawful that Defendant D’s lawsuit against Defendant D is unlawful as it is not Jin and Defendant D, because it is not a party to the lawsuit against Defendant D. However, in the lawsuit for performance, Defendant D’s defense has a standing to be the defendant, since the person asserted as the obligor by the Plaintiff as the obligor has the standing to be the defendant in the lawsuit for performance. Therefore, the above defense of Defendant D is without merit.

2. Determination as to claims against Defendant B and C

A. Article 24 of the Commercial Act provides that "a person who has allowed another person to run a business using his name or trade name shall be jointly and severally liable to pay to the third person who has transacted his/her trade with him/her as the owner of the business." According to each description of the evidence (including each number), the defendant B is the representative in the name of "K," and the defendant C is the actual representative in the name of "K," and the plaintiff (appointed party) and the designated parties are working in "K."

However, the Plaintiff (Appointed Party) retired from office but was not paid the amount of KRW 15,634,00, KRW 10,154,000, KRW 13,834,000, KRW 10,538,000, KRW 10,538,000, KRW 10,538,000 for Selected Party G, and KRW 11,520,00 for Appointed Party I, barring any special circumstance, Defendant B is jointly and severally obligated with Defendant C to pay the Plaintiff (Appointed Party) the amount of KRW 15,634,00, KRW 154,00 for E, KRW 10,834,00, KRW 138,00 for Selected Party G, KRW 10,40,00 for Selected Party H, KRW 10,400 for Selection Party I, and KRW 25,010 for each of the aforementioned amount of interest on the instant lawsuit, KRW 135,015.25.

B. Defendant B-.

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