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(영문) 서울동부지방법원 2015.08.28 2014가단58482

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The Plaintiff asserts that the Plaintiff did not receive KRW 27,494,673 in total, including KRW 25,340,50 (the details are as follows) and retirement pay, from July 8, 2013 to December 19, 2014, even though the Plaintiff agreed to receive KRW 1.5 million monthly wage as the Defendant’s employee from July 8, 2013 to December 19, 2014, the Plaintiff did not receive KRW 27,494,673 in total, including the amount of salaries paid from July 2013 to December 2014.

Judgment

Upon examining the claim for reimbursement of KRW 25,340,550, first of all, KRW 25,340,550 for the determination of the claim for reimbursement of benefits, in light of the entry of KRW 3-1,340,55, and each entry of KRW 3-1,3-15, and 7 (each superior ledger), which conform to the aforementioned wage payment agreement, and the testimony of the witness C (in particular, the statement that D and E, which are recorded as being the same as the Plaintiff on the above book, did not actually receive the same benefits), it is reasonable to deem it as a false document for the purpose of accounting management, etc., and therefore, it is difficult to believe it as it is.

In addition, according to the statements in Gap 4 and 5, the defendant prepared and reported a statement of earned income payment stating that "the plaintiff worked as an employee of the defendant from July 8, 2013 to December 31, 2013, and received KRW 1,500,000 per month while working as an employee of the defendant from July 8, 2013 to December 31, 2013, and withheld earned income tax on the above salary," and that the defendant purchased an industrial accident insurance policy against the plaintiff, but it is insufficient to recognize that the plaintiff actually worked as an employee who actually received KRW 1,50,00 per month, and there is no other evidence to acknowledge this.

Therefore, the Plaintiff’s claim for the above benefit cannot be accepted.

Judgment on the claim for payment of retirement allowances of KRW 2,154,123

1. The total amount of wages paid for three months before the date of retirement: 1.5 million won per month ¡¿ 3 months = 4.5 million won;

2. Total number of days during three months before the date of retirement: 91 days.

3. Average wage per day: 49,450 won (=4,000,000 won ± 91 days).

4. Term of service: 530 days from July 9, 2013 to December 19, 2014;

5. Calculation of statutory retirement allowances: 2,154,133.