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(영문) 서울중앙지방법원 2015.09.18 2015가합500526
해고무효확인
Text

1. The Defendant’s KRW 58,315,268 as well as the Plaintiff’s annual rate of KRW 6% from April 1, 2014 to September 18, 2015.

Reasons

1. Basic facts

A. The Defendant is a company that carries out the lease management business of four buildings, including the Seoul Dongjak-gu Seoul Metropolitan Government Cbuilding, D Building, and E Commercial Building 2.

By October 22, 2014, Nonparty F held 62% of the shares of the Defendant Company, and served as the president and the representative director of the Defendant Company until November 10 of the same year.

B. Around 1994, the Plaintiff joined H operated by F, and from March 1995, the Plaintiff managed two educational foundations, such as F’s personal property and F, and 10 companies operated by F, from March 1995, and retired from H around January 200.

C. Since then, upon F’s request, the Plaintiff joined the Defendant Company on March 1, 2010, and was appointed as a registration director at the resolution of the general meeting of shareholders on March 31, 201, and served as the president of the Defendant Company.

On the other hand, on September 30, 2012, the Plaintiff received an interim settlement retirement allowance of KRW 44,091,441 from the Defendant Company and registered the resignation in the copy of the register of the Defendant Company, but continued to serve as the president of the Defendant Company.

The Plaintiff received KRW 200 million annual salary from the Defendant Company (the monthly basic salary of KRW 12,50,000, KRW 12,500,000, KRW 12,500,000). The Defendant Company deducted the employment insurance premium and industrial insurance premium from the Plaintiff’s wage.

E. Meanwhile, on March 24, 2014, F sought to reduce the Plaintiff’s annual salary of KRW 80 million, and the Plaintiff rejected the reduction.

On March 24, 2014, the Defendant Company notified the Plaintiff of the dismissal on March 31, 2014, stating that “The Plaintiff would be paid with one-month advance notice of dismissal allowance, unpaid bonus, and retirement allowance not paid on March 2014” on the 31st of the same month.

(hereinafter “Disposition of Dismissal of this case”). 【Ground of Dismissal of this case’s dismissal of this case’s case’s dismissal of this case’s case’s dismissal of this case’s case’s dismissal of this case’s dismissal of this case’s dismissal of this case’s case’s ground of appeal,

2. Judgment on the plaintiff's claim

(a)the Parties;

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