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1. The Defendants jointly share KRW 52,500,000 with respect to the Plaintiff and 5% per annum from September 1, 2016 to November 9, 2017.
Reasons
Facts of recognition
The plaintiff company and the defendant limited liability company C (hereinafter referred to as the "defendant company") are companies engaging in liquor wholesale business.
Defendant B joined the Defendant Company on July 1, 2015 and served until March 31, 2016, and entered the Plaintiff Company as well as D on April 1, 2016 and served until August 31, 2016, and left the Defendant Company again on September 1, 2016 due to the following reasons.
On July 7, 2015, Defendant B entered into a labor contract with Defendant B, the president of the Plaintiff Company, stating that “Defendant B shall receive 25% of the monthly turnover as monthly salary, and shall have the obligation to pay damages and consolation money in the amount of two million won or three million won per customer if he/she moved to a customer who entered into the same industry within one year after his/her retirement (hereinafter “instant primary labor contract”),” and on December 8, 2015 again, Defendant B received 25% of the monthly turnover as monthly salary, but additionally paid KRW 500,000 of the monthly salary sales as monthly salary, and entered into the labor contract with the other business entity and the other business entity (hereinafter “the other business entity”) within one year after his/her retirement as well as the other business entity to manage the same industry and the other business (hereinafter “the other business entity”).
Defendant B, along with D, entered the Plaintiff Company on April 1, 2016. Accordingly, the Defendant Company transferred 50-60 business partners managed by D to the Plaintiff Company on the same day.
Defendant B, on June 13, 2016, set the salary of KRW 4 million on the basis of sales revenue of KRW 150 million between the Plaintiff Company D, the executive director of the Plaintiff Company, on behalf of the Plaintiff Company, as of June 13, 2016, increased the sales revenue of KRW 25 million by KRW 500,000,000, and provided the vehicle for business use at the time when sales amounting to KRW 250,000,000, and the oil cost.