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(영문) 서울고등법원 2015.12.16 2015나2037168
임금
Text

1. All appeals filed by Defendant B and Defendant (Counterclaim Plaintiff) C are dismissed.

2. The appeal cost is the defendant corporation.

Reasons

1. In the first instance court within the scope of the judgment of this court, the Plaintiff, as the principal lawsuit, filed a claim against the Defendants for the payment of KRW 108,507,934, such as the description of the purport of the claim in the principal lawsuit against the Defendants (i.e., wage of KRW 50,619,050 retirement pay of KRW 55,888,884), and damages for delay, and Defendant C filed a claim for the payment of share acquisition amount of KRW 28,120,000, such as the description of the purport of the claim in the counterclaim against the Plaintiff as a counterclaim. The first instance court accepted the wage and retirement pay of the Plaintiff’s claim and the portion of the loan were dismissed, and accepted the set-off claim against Defendant C, and accepted the remainder of the share acquisition amount excluding the portion of the aforementioned set-off claim.

Therefore, the Defendants filed an appeal only against the retirement allowance of KRW 5,88,84 and damages for delay in relation thereto in the principal lawsuit of the judgment of the court of first instance. Accordingly, this Court's judgment is limited to the retirement allowance related to the main lawsuit of the judgment of the court of first instance.

2. Basic facts

A. On June 1, 2006, the Plaintiff joined the Defendant Company and served as the head of the Research and Development Headquarters, and retired on February 28, 2014. From April 6, 2007 to August 26, 2010, the Plaintiff was registered as an internal director of the Defendant Company from August 17, 2012 to the retirement date.

B. On July 28, 2014, the Plaintiff and the Defendants confirmed that the Defendant Company failed to pay the Plaintiff the total of KRW 50,619,050, and KRW 55,888,884, and KRW 111,507,934 in the amount of KRW 55,888,884, and short-term loans KRW 5,000,000, and the Defendants jointly paid the amount to the Plaintiff. However, the Defendants agreed to pay the amount to the Plaintiff in the order of borrowings, wages, and consolation benefits (hereinafter “instant agreement”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

3. Determination as to the occurrence of the obligation to pay retirement allowances

A. (i) Whether the Plaintiff is the employee of the Defendant Company, under the Labor Standards Act.

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