beta
(영문) 의정부지방법원 2015.04.30 2014나5884

임금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Determination as to the cause of claim

A. The basic facts are: (a) during a certain period from December 9, 2011 to May 22, 2012, the Plaintiff provided labor on the preparation for opening and initial management at the stores and direct management stores of the stores and directly operated by the Defendant in Goyang-dong C, Yongsan-gu, Busan-si; (b) the Defendant transferred KRW 1,00,000 won to the Plaintiff’s account on February 3, 2012; (c) KRW 5,500,000 won on February 20, 2012; and (d) KRW 1,740,000 won on April 24, 201 to the Plaintiff’s account; or (d) there is no dispute between the parties, or is recognized by the statements in subparagraph 6-1 and 2.

B. The Plaintiff asserts that the Defendant had a duty to make an oral employment contract by setting a daily wage of KRW 100,000 between the Defendant and the Defendant, and that the Plaintiff had a duty to pay wages of KRW 15,10,000 (the wage of KRW 800,000,000 for December 201, and the wage of KRW 2.3 million for May 2012, 201), excluding the wage of KRW 1,510,00 (the wage of KRW 800,000 for December 201, and the wage of KRW 2.3 million for May 2012).

From December 9, 2011, the Defendant entered into an employment contract with the Plaintiff by stipulating that the Plaintiff shall work for each member shop for three days, and that the Defendant shall pay KRW 100,000 per day to each member shop. From April 15, 2012, the Defendant shall enter into an employment contract with the monthly salary of KRW 1.8 million (excluding KRW 200,000 per day) from the former member shop, which is a direct management store. The Plaintiff’s wages claim that the Plaintiff shall be KRW 400,00 ( KRW 300,00 per day, KRW 30,000 per day, KRW 20,000 per day, KRW 30,000 per day, KRW 20,000 per day, KRW 30,000 per day, KRW 20,000 per day, KRW 30,000 per day, KRW 251,200,00 per day, KRW 2514,2015.

C. Determination Doesck;