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(영문) 서울중앙지방법원 2018.06.19 2017나74674

임금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. Of the total litigation costs, 50% is the Plaintiff, and the remainder is the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. 1) In light of the purport of the entire argument in the statement in Gap evidence No. 1, the fact that the defendant operates D's restaurant on the Gangnam-gu Seoul Metropolitan Government 1st floor; the plaintiff agreed on December 11, 2016 with the defendant to work as an employee of the above restaurant; however, it is recognized that the defendant dismissed the plaintiff on December 12, 2016, which is the following day. 2) If the defendant intends to dismiss the worker, he/she must give the notice at least 30 days prior to the dismissal, and if he/she fails to give the notice at least 30 days prior to the dismissal, he/she shall pay the ordinary wage for at least 30 days.

(Article 26 of the Labor Standards Act (Article 26 of the Labor Standards Act). However, according to the above facts, the defendant dismissed the plaintiff without 30 days' prior notice, and the defendant is obligated to pay the plaintiff the ordinary wages for not less than 30 days, barr

B. The defendant's assertion that the plaintiff agreed to and paid the pre-determination allowance of dismissal at KRW 600,000, in full view of the purport of the argument in the evidence No. 1 of this case, the defendant paid the above pre-determination allowance at KRW 600,000 among the plaintiff around November 16, 2017, which was after the decision of the first instance court of this case, and the defendant paid the above pre-determination allowance at KRW 300,000 among them in installments. If the defendant pays 300,000 among them, the plaintiff withdraws the lawsuit of this case, withdraws the application for provisional attachment based on the right to claim the pre-determination allowance of dismissal and cancelled the execution of the above provisional attachment, and immediately thereafter, the defendant paid the plaintiff the remainder of KRW 300,00 on the date of the above agreement, and the defendant paid the remainder of KRW 300,000 to the plaintiff on April 30, 2018.

Therefore, by paying 600,000 won of the pre-paid dismissal allowance agreed upon by the defendant to the plaintiff, the defendant's obligation to pay the pre-paid dismissal allowance to the plaintiff does not expire.