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(영문) 서울남부지방법원 2017.08.17 2017가단4847

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that: (a) from October 2012 to December 2012, 2012, the Plaintiff served as a taxi driver in the Defendant Company for a period of 75 days; and (b) from the Defendant, the Plaintiff should be paid KRW 84,50,000 out of the total sum of KRW 84,52,787, and damages for delay.

(1) From January 2013 to December 2013, 2013, the monthly salary of 2 million won is KRW 24 million,00,000,000, monthly salary of KRW 2,000,000 per day, subtracting the amount of KRW 1,907,559, which was paid at KRW 4,903,200, daily salary of KRW 2,000,000,000, and the amount calculated by subtracting the amount of KRW 1,907,59, and KRW 2,995,641.

2. Comprehensively taking account of the purport of the written evidence No. 1 in the judgment, the Plaintiff concluded a labor contract with the Defendant on October 16, 2012 by determining wages as KRW 937,392 per month (including basic pay, extension, night, holiday work, etc.) and worked as a taxi engineer on December 28, 2012, and then retired on December 28, 2012.

① In light of the claim for payment of the amount of claim, even if the plaintiff had worked in the defendant company, there is no ground to deem that the defendant has a legal obligation to pay temporary layoff benefits, medical care benefits, and unemployment benefits to the plaintiff. Thus, the plaintiff's claim for this part is without merit.

② As to the claim for payment of the claim amount, the Plaintiff and the Defendant set monthly salary at KRW 2 million at the time of entering into an employment contract.

There is no evidence to acknowledge that the plaintiff worked 12 hours a day, and there is no reason for this part of the plaintiff's claim.

③ There is no evidence to deem that the Plaintiff suffered from disease, such as disease, WIG-free smoke, etc., caused by the Defendant’s mistake while working in the Defendant Company. As such, the Plaintiff’s claim for this part of the claim is further examined.