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(영문) 서울중앙지방법원 2018.01.12 2016가단118972

임금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 30,747,450 as well as 20% per annum from March 19, 2016 to the day of full payment.

Reasons

1. Basic facts

A. From October 1, 2011, the Plaintiff was employed by the Defendant, who runs a building leasing business in Gangnam-gu Seoul, and served as security guards, and retired on March 4, 2016.

B. The Defendant did not pay 23,044,070 won in total and 7,603,380 won in retirement allowance at the time of retirement to the Plaintiff during the above service period.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The defendant's obligation to pay wages, etc.

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 30,747,450, including the aforementioned unpaid wages and retirement allowances, and damages for delay calculated at the rate of 20% per annum from March 19, 2015 to the date of full payment from March 19, 2015, which is the following day after the 14th day from the date on which the cause of payment

B. Determination as to the Defendant’s assertion 1) From October 1, 2011 to November 17, 2015 (hereinafter “one-term period”): (a) the Plaintiff appeared to work for 06:30 on the following day; (b) the Plaintiff went to work for 06:1 hours for each meal, 15/10 of the hours of rest, 21:0 to 06:0 on two occasions; and (c) the Plaintiff was going to work for 11 hours, and 167.29 hours for working hours (i.e., 11/2 days x 365/12 months x 365/7 days x 365/12 months x 365/12 months x 365/12 months). As such, the Plaintiff’s actual working hours have come to work for 34.76 hours per week from 2015 to 206.18/1205 (b) 202.

): The Plaintiff appeared to work 07:30 and retired from the office 20:00. The Plaintiff’s actual working hours per day were 9 hours, 234.64 hours (i.e., 6 days) x 365/12 months) and the weekly working hours were 34.76 hours (i.e., 8 hours x 365/12 months) and 269.4 hours (i.e., the total of 8/7 hours x 365/12 months) based on the above working hours.

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