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(영문) 서울중앙지방법원 2018.12.11 2018나36495

임금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the reasoning of the judgment is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as set forth in the following (2).

2.No. 3 of the judgment of the court of first instance, in respect of a part which is written or added, the following shall be added:

From January 2, 2014, the above permanent residence contract and the above contract of employment on January 2, 2015, all of the above permanent residence contracts were prepared on April 10, 2015, and renewed each year by the representative director of the defendant E, "the plaintiff............... the e-mail contract is sent to FG representative......... the plaintiff sent the e-mail contract to FG representative......... the part written "............" was applied without pay during the period of temporary re-determination, such as the start and winter, before and after the start of the site, and during the temporary re-determination period, the above contract was signed and sent to the defendant G on April 16, 2015, and the above contract was signed and sealed on April 10, 2015, and each of the above contracts was signed and sealed by the defendant corporation No. 10 to 4.5.1, respectively.1, respectively.

“1) As seen earlier, each of the employment contracts signed between the Plaintiff and the Defendant on January 2, 2014 and January 2, 2015, stating that “The paid wage shall be applied before and after the arrival of the site and during the period of temporary re-determination, such as the winter season.” Therefore, it is reasonable to deem that there was an agreement between the Plaintiff and the Defendant to pay the full amount of the agreed wage during the period of temporary re-determination, barring any special circumstance.

On the other hand, the statement No. 1 contains the whole purport of the pleading.