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(영문) 서울남부지방법원 2018.02.28 2016가단31361

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 15,330,185 with full payment from March 16, 2016.

Reasons

【Main of a principal lawsuit and counterclaim”

1. Basic facts

A. The Plaintiff is a person who operates the beauty art room in the name of “D store” on the second floor of Gangseo-gu Seoul Metropolitan Government C building (hereinafter “instant beauty art room”), and the Defendant works in the beauty art room as an intern from February 17, 2014 to February 29, 2016.

is a retired person.

B. At the time of entry, the Defendant, a franchisor of the beauty art room in the instant case, entered into an employment contract with E (hereinafter “instant employment contract”) on February 17, 2014 (hereinafter “instant employment contract”) with the Plaintiff, who was enrolled in the name, junior college F and students, who entered into an industry-academic cooperation agreement with E.

2. Service period by not later than F and graduate from a university;

3. Under the employment contract terms, the defendant shall support 10% for the first year in which the plaintiff entered the defendant's registration fee for the second year in the life zone F and students, and 20% for the second year in which the plaintiff entered the office.

The support for the registration of an industrial enterprise shall be 50% or 10% or 20% or 10% or 20% or more for the two-years for membership shall be notified to the defendant.

However, dormitories shall be provided free of charge on condition of employment contract.

4. In case of retirement without fulfilling the terms and conditions of a non-performance contract, the defendant shall pay the full amount of the enrollment fees and dormitory rents additionally provided in addition to the salaries, while serving in the middle;

C. On February 29, 2016, immediately after graduating from a master school, the Defendant retired from the cosmetic room of this case. D.

On the other hand, the plaintiff was charged with a summary charge of violating the Minimum Wage Act due to criminal facts, such as "the defendant's payment of wages below the minimum wage during his/her work period, and the amount of 12,169,397 won in total and retirement allowances and 3,160,788 won in total without agreement on the extension of the payment date between the parties."

(Plaintiffs do not dispute about the amount of unpaid wages and retirement allowances to the Defendant). [Grounds for recognition] There is no dispute, A, 12.

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