임금 등
1. The Defendant shall pay to the Plaintiff KRW 21,816,66 and the interest rate of KRW 20% per annum from March 28, 2015 to the day of full payment.
If the purport of the entire pleadings is added to each of the statements in Gap evidence 1 through 3 (including additional numbers), it is recognized that the plaintiff entered into a labor contract with the defendant around June 2014, which was set at KRW 3,500,000 per month, and thereafter retired from office until March 13, 2015, and the plaintiff paid KRW 700,000 among the wages of KRW 3,50,000 from the defendant on September 9, 2014, and the total amount of the wages in arrears due to the plaintiff's failure to receive the wages thereafter reaches 21,816,666 won [=3,50,000 + (613/30) - 70,000].
On or around December 10, 2014, the defendant agreed with the plaintiff on the conversion of a trade to guarantee only the minimum wage amount, unless there is no business performance, and asserts that even thereafter a claim for wages based on the premise that the labor contract has been continued. However, there is no evidence to acknowledge that there was such agreement, and even during the period of conversion into a trade to a trade, the plaintiff is still registered as an employee of the fourth insured monthly wage of 3,500,000 won, such as national health insurance, etc., during the period of conversion into a trade. Thus, the defendant's above assertion is not accepted.
Therefore, the defendant is obligated to pay the plaintiff 21,816,666 won in overdue wages and damages for delay calculated by the rate of 20% per annum from March 28, 2015 to the date of full payment under the Labor Standards Act. Thus, the plaintiff's claim is justified.