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(영문) 수원지방법원 2017.06.14 2017가단500255

임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant (hereinafter “C”) changed from December 21, 2015 to “D Co., Ltd.”, and changed from May 25, 2016 to the current trade name) drafted, between the Plaintiff and the Plaintiff, a written employment contract (hereinafter “instant employment contract”) and a written confirmation of payment terms (hereinafter “written confirmation of payment terms”) with the following content written as of December 10, 2013, respectively.

A user of a labor contract: The job category of the E-Research Institute and the head office: The technical duty period of the head office of the relevant site (F) and the technical duty period of the head office: From January 1, 2014 to December 31, 2015 (24 months), and where the work type conducted by the Plaintiff has been suspended due to inevitable reasons, such as natural disasters, etc. even during the term of the labor contract, the time shall be the expiry date of the contract.

Provided, That the maximum period of employment contract shall not exceed the completion date of the work conducted by the plaintiff in the construction site.

Wages: 8,00,000 won per month and the 20th day of each month, monthly payment of KRW 1,50,000 on a 20-month basis. The Plaintiff shall be paid KRW 9,50,000 per month in total, on condition that the Defendant would have employed the Plaintiff as technical staff at the site head office and head office from January 1, 2014 to December 31, 2015, and pay KRW 8,000 per month of salary for 24 months on a 24-month basis.

Provided, That it is agreed to pay in installments on December 31, 2015 (including the first - interest in arrears) and December 31, 2016 (including the second - interest in arrears) when the company is unable to pay due to its corporate circumstances.

B. The Plaintiff filed a lawsuit against the Defendant for payment of KRW 114,00,000 (hereinafter “ separate lawsuit”) between January 1, 2014 and December 31, 2014 in accordance with the instant employment contract and the written confirmation of payment terms and conditions, with the Suwon District Court Decision 2016Da51244, Feb. 7, 2017; however, the said court rendered a judgment dismissing the Plaintiff’s claim on February 7, 2017, and the Plaintiff’s appeal is currently pending in the appellate trial.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul Nos. 1, 1.