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(영문) 수원지방법원 2017.08.11 2016가단13143
임금
Text

1. The Defendants jointly and severally against the Plaintiff (Appointeds), KRW 6,539,550, KRW 550, KRW 5,246,517, and KRW 5,246,517, and Defendant E.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (formerly changed: C Co., Ltd.; hereinafter “Defendant B”) was established on December 17, 1992 as a company for the purpose of manufacturing and selling, importing, and leasing real estate, etc. of general timber households, office furniture, steel and kitchen furniture, kitchen household, kitchen household, export and import business, and real estate lease business, and H was established as an individual company around 1978, and was established as a company on December 17, 1992;

H has been operating this.

B. On January 31, 2008, I, J, K, and L, who worked in Defendant B, established the Defendant C Co., Ltd. (former trade name: M Co., Ltd. before the alteration; hereinafter “Defendant C”) for the same business as Defendant B, and used them after being transferred with machinery and equipment used in Defendant B.

C. At the time, H, a representative director of Defendant B, took over shares from I, J, K, L,O, and P on May 16, 2014 through N (N’s fraud), which is his/her agent, and took office as the representative director of Defendant C around May 19, 2014.

The period of service of the parties in arrears and retirement allowances (appointed parties) 1 Plaintiff (Appointed parties) from August 25, 2008 to November 30, 2015, D 21, July 21, 2008 to November 30, 2015, to November 5, 246, 517, E- June 2, 2008 to November 30, 2015, to November 30, 30, 2015, from November 30, 30, 2015 to November 5, 463, 3484, from March 1, 2010 to November 30, 2015; and

D. The Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs”) were employed by Defendant C and retired while serving for each of the corresponding periods indicated in the “period of service” as indicated below. The remaining overdue wages and retirement allowances (which excludes substitute payments, etc. already received from the total amount of wages and retirement allowances not received by the Plaintiff; hereinafter “the instant overdue wages, etc.”) of the Plaintiffs are as stated in the “average wages and retirement allowances” as stated in the same Table.

[Ground of recognition] without any dispute, entry of Gap's 1, 9, 11, 17 through 19, 24, Eul's 1 through 3, 6, 10 (including various numbers; hereinafter the same shall apply).

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