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(영문) 서울고등법원 2014.10.22 2013나2027426
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 129,727,371 as well as to the plaintiff on April 2013.

Reasons

1. Basic facts

A. The Plaintiff was dismissed while serving as an intra-company director at the Defendant Company, and the Defendant Company (the name of the Defendant Company was transferred to C, but the name was changed to B, which is currently named after the purchase and sale of shares and acquisition of management rights with the same international company as the following) is a corporation engaging in design and service business of semiconductors, electronic equipment, and related facilities.

B. D, the representative director of the Defendant Company, entered into a contract on May 6, 201 with the Defendant Company for the purchase and sale of shares and acquisition of management rights of the same international lecture corporation and the Defendant Company, and the Plaintiff was working as the vice president of the Defendant Company prior to the above acquisition agreement, and thereafter, was appointed as an internal director.

C. On May 12, 2011, the Defendant Company and the Plaintiff drafted a letter of undertaking with the following content:

(hereinafter “instant letter of undertaking”). 1. D and Dong International Venture Co., Ltd. entered into a share sale and acquisition agreement on May 6, 201 by mutual agreement.

2. On May 12, 201, the Plaintiff is serving in the Defendant Company as of May 12, 201, and the Plaintiff is working for the Defendant Company for three years (minimum period of working) from the date of the conclusion of this contract.

3. The defendant company shall provide the plaintiff with employment at the defendant company as core personnel during the minimum obligatory period of employment and compensation therefor.

On June 9, 2011, the plaintiff was appointed as a registration director of the defendant company, and the term of office of the director is three years according to the articles of incorporation of the defendant company.

E. On December 21, 2012, Defendant Company was dismissed by e-mail to the Plaintiff at 7:45:00 on the same day, and notified the Plaintiff of the official announcement. On the same day, the Plaintiff submitted to the Defendant Company a resignation letter stating that he/she will resign from the office of inside director.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 4, and 6 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Defendant Company’s principal safety defense is determined.

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