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(영문) 서울서부지방법원 2016.09.08 2015가합34277

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 45,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from October 15, 2014 to September 8, 2016.

Reasons

1. Basic facts

A. The representative director D, around April 8, 201, established the Plaintiff Company while operating the Tracing Center called “E” or “EF” by the Plaintiff Company.

Plaintiff

The company is a company with 1:1 dancing which instructs physical training, such as sports methods, sports equipment, programs, etc. suitable for customers.

B. From October 23, 2009, the Defendant served as a twitner at the above individual enterprise operated by D from October 23, 2009, and the Plaintiff Company continued to work for the Plaintiff Company after its incorporation.

C. 1) On December 24, 2011, the Plaintiff Company and the Defendant shall pay retirement allowances at the time of retirement by gathering cans and canss on the day of the Plaintiff’s member. Article 1 (Employment and Duties)

1. The plaintiff company employs the defendant as a daily employee.

2. The defendant's work will be assigned to the radars.

However, the defendant's work can be changed due to the plaintiff's managerial situation.

Article 2 (Period of Employment Contract)

1. The term of a labor contract: From December 1, 2011, it shall be the employment period, and the three months from the date of initial employment shall be the employment period;

(Sicker omitted)

2. The term of a labor contract shall, in principle, be one-day unit from the initial date;

Article 3 (Duty of Good Faith of Workers) Workers shall engage in affairs conscientiously given according to the employer's order and direction of duty.

Article 4 (wages)

1. For wages, the monthly wage of 957,220 won (the monthly wage of 209 hours: 4,580 won) shall be a daily employment contract;

In this regard, 40 hours a week is a contract for work which includes one day's day's day's day's day's day's paid-in hours.

However, in addition to working hours, there is a statutory allowance separately paid (such as extended, night, holiday work allowance, etc.).

Article 5 (Unit and Method of Calculation of Wages, Retirement Allowance)

1. The wages shall be paid on the 20th of each month on the basis of the calculation unit from the 1st to the end of the preceding month.

3. Retirement benefits: