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(영문) 인천지방법원 2015.02.12 2014가합7007
성과상여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of promoting a professional camping club, etc., and the Plaintiffs were working for the Defendant Co., Ltd., and are those retired on June 7, 2013 and June 5, 2013, respectively, and Defendant D was working as the representative director of the Defendant Co., Ltd. and retired on February 2013.

B. The Defendant Company received funds from E (hereinafter “E”) on the basis of the grade of the professional camping group in the pertinent year, and paid piece rates to the members of the Defendant Company.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, 4, 5, Eul evidence No. 6-1 to 6, the purport of the whole pleadings

2. The plaintiffs asserted as follows. A. The plaintiffs asserted as follows.

Since 2006, the members of the Defendant Company and the Defendant Company agreed to classify S, A, B, and C’s personnel management division into S, B, and C’s class, and pay 120% of the basic salary, 110% of the basic salary, 90% of the basic salary, 90% of the basic salary, and 80% of the basic salary as piece rate.

B. However, in February 2012, the Defendant Company paid the Plaintiffs a performance-based bonus in 201, which was reduced by 1/4, and around February 2013, the Plaintiffs did not pay the Plaintiffs the performance-based bonus in 2012. As such, the Defendant Company is obligated to pay the Plaintiffs the unpaid performance-based bonus in 38,25,000 won in total, and 38,281,000 won to the Plaintiff Company A.

(c) the status of the Defendant Company;

The amount of piece rates or site wages, such as the statement in paragraph (1), are determined by the reduction payment or site pay made in order to retaliation against the plaintiffs who were the representative director of the defendant company at the time, which falls under the joint tort committed by the defendant company and the defendant D. Thus, the defendant D is liable to compensate the plaintiff B, who was the amount equivalent to piece rates due to the above tort, for the above 38,25,000 won, and the above 39,281,000 won, and the plaintiffs are also liable to compensate for the above joint tort.

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