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(영문) 서울중앙지방법원 2018.04.05 2017가단5017125

임금

Text

1. The Defendant: (a) KRW 38,985,221 for Plaintiff A and its related costs from December 30, 2015; and (b) KRW 24,584,489 for Plaintiff B and its related costs.

Reasons

1. In full view of Gap evidence No. 1 to Gap evidence No. 4, Gap evidence No. 7, Eul evidence No. 1, Eul evidence No. 6-1 to 3, and Eul evidence No. 7-1 to 3, the following facts can be acknowledged.

“E” is an individual company established by F for the purpose of producing advertising agency and website, and Plaintiff A was employed on January 2, 2006, Plaintiff B was employed on December 3, 2007, and Plaintiff C was employed on March 5, 2007.

Since then, on March 14, 2011, F established the Defendant and transferred the business of E to the Defendant. The Plaintiffs continued to work for the Defendant, and Plaintiff A and Plaintiff B had worked until December 15, 2015, Plaintiff B and Plaintiff C retired from the office until December 10, 2015.

At the time of work in E and the Defendant, Plaintiff A was in charge of the design general manager, Plaintiff B was in charge of the design team, Plaintiff C was in charge of the planning team and the operation team.

B. The Plaintiffs in the terms of annual salary contract are the parties to the annual salary contract with F, the representative of E, but they are “E” for convenience.

Then, the annual salary employment contract was concluded with the defendant each year.

The main contents of the annual salary employment contract concluded with E are as follows.

The main text of the contract is the annual salary employment contract (No. 6-3) in 2010, and the contents of the annual salary employment contract that the plaintiffs concluded each year while they work for E are likely to change the annual salary amount.

Annual salary employment contract

1. 1) Ordinary wages shall be the amount equivalent to 1/12 of the annual salary for the ordinary wages. 2) The holiday work allowance shall be paid 20,000 won per day when the person works on legal holidays and Saturdays, and Sundays for at least eight hours a day;

3) The ordinary wages shall be paid as statutory allowances (monthly allowances, extension allowances, night allowances, etc.) and other allowances for company officers, including all items. 4) Retirement allowances: the annual salary, including retirement allowances corresponding to the contract period, shall be contracted.

6. Working hours per day; and