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(영문) 인천지방법원 2021.03.10 2019가단251376

임금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit between the plaintiffs and the defendant shall be jointly borne by the plaintiffs.

Reasons

1. Determination of the plaintiffs' respective claims of this case

가. 원고들이 피고와 맺은 각각의 근로 계약에 따라 2017. 8. ~2017. 12. 경 에 승선하여 각각의 근로를 제공한 사실과 그 각 근로 조건에 관하여 ‘ 총 매출액에서 경비를 제외한 나머지 금액 중 60% 는 피고가 차지하고, 나머지 40% 는 8명의 선원들이 나누어 갖기’ 로 약정한 사실, 피고가 별지에 나오는 < 정 산서(☞ 갑 2) > ;에 기초하여 원고들 등에게 각각의 임금을 지급한 사실은 당사자 사이에 다툼이 없다.

B. The plaintiffs are the causes of each of the claims in this case. "The defendant made an adjustment by reducing their sales and increasing their costs." "The defendant alleged " 6,800,000 won in the sale price of Gap's consignment, other than E consignment sales." However, since 118,80,000 won in the sale price of Gap's consignment sales, 52,800 won in the total amount was omitted, 21,120,000 won in the crew's portion is divided into 2,640,000 won in each of the plaintiff's crew members, and 2,640,000 won in the total of 7,670,000 won in the calculation of the "," and 40,817,537,537,000 won in the excessive calculation of the plaintiff's total of less than 28,500 won in the calculation of the plaintiff's total of less than 26,547,5700 won in the plaintiff's.

(c)

However, in support of the fact that “(the Defendant’s sales with the Plaintiffs as above) reduced the costs of sales and increased the settlement of accounts”, some of the entries in Gap 5,8-1 are difficult to readily believe in light of the partial entries in Eul 7, etc., and it is still insufficient to recognize this point by only some of the entries in Gap 3-5, 6-1, 7, and 8-1 and witness F’s testimony, and there is no other evidence to acknowledge this, and there is no other evidence to acknowledge this.