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(영문) 광주지방법원 2014.12.19 2014나6257

약정금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 3,125,799 and its relation thereto from March 1, 2012 to December 1, 2014.

Reasons

1. Facts of recognition;

A. On December 21, 201, the Defendant was ordered by the Minister of Education, Science and Technology to close a school or to dissolve an educational foundation as an educational foundation operating a gender college, and the Plaintiff was working as an employee of the Defendant from December 7, 2009 to February 29, 2012.

B. On January 1, 2012, the Defendant’s liquidator entered into an employment contract between the Plaintiff and the Plaintiff to employ the Plaintiff as a clearing employee (hereinafter “instant employment contract”). The key contents are as follows.

◎ 근로계약서 제3조 계약기간 ① 갑(피고 청산인)과 을(원고)의 계약기간은 2012년 1월 1일부터 2012년 2월 28일까지로 한다.

(2) Labor relations shall be deemed terminated without any separate notice upon the expiration of the term of this contract.

Article 5 (2) The amount of salary shall be 10,285,377 won for the total amount of monthly salary.

1) The basic salary (2 months) 3,026,600 won 2) the legal allowances (2 months) 3,224,998 won in advance of dismissal (2 months), 3,125,79 won in advance of dismissal (3,125,79 won in advance of dismissal) 907,980 won in total monthly salary of Eul (Plaintiff) (hereinafter referred to as “Plaintiff”) is the amount including the legal allowances (including the fixed-time allowance, the fixed-time allowance, the family allowances, the transportation expenses, the household expenses, the fixed-amount amount of school expenses, the educational expenses, the annual allowances, the annual allowances, the excessive allowances, and the holiday allowances), and the total amount of wages of Eul (Plaintiff) is, in principle, the comprehensive wage system that is paid by Gap (Plaintiff) shall be exempted from the obligation to pay statutory allowances within this limit, as follows:

C. The Defendant’s liquidator entered into a labor contract with C, D, E, F, G, and H on January 1, 2012, which is employed as a clearing employee on the monthly salary system, including the payment of advance notice of dismissal. D.

I applied for the appointment of liquidator, dismissal, and liquidator as the head of the Gwangju District Court Support 2011B, and the above court dismissed B, J, and K as the defendant's liquidator on January 12, 2012, and appointed L as the defendant's liquidator.

[Grounds for Recognition] The defendant stated in Gap's Evidence Nos. 1, 2, 4, 5, 6, and 8 shall be Gap.