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(영문) 광주고등법원(전주) 2014.10.23 2014나1305

대기발령무효확인

Text

1. Of the part of the judgment of the court of first instance, the payment order against the Defendant in excess of KRW 1,726,539 is ordered.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following part of the judgment of the court of first instance is modified, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the judgment of the court of first instance on the part written by the court of first instance, “1. The entry in Category B-7 of the evidence No. 7, on the basis of recognition, shall be written on the basis of recognition” 1. b.

4) The Defendant did not grant all the duties to the Plaintiff after the instant standby order, and paid the Plaintiff KRW 1,497,479 on June 10, 2013 as the monthly salary, KRW 1,329,203 on July 1, 2013, KRW 329,203 on July 1, 2013, KRW 329,203 on August 1, 2013, KRW 203, KRW 203 on August 1, 2013, KRW 329,203 on August 1, 2013, KRW 13,329,203 on September 1, 2013, KRW 2013, KRW 329,203 on August 14, 2013, KRW 13,50 on December 13, 2013, KRW 14 on December 14, 2013, KRW 13,20138.

From among the judgment of the first instance, the 9th to 17th shall be followed as follows.

Therefore, according to the above method sought by the Plaintiff, the unpaid amount of wages shall be calculated after the issuance of the instant standby order loses its effect.

The Plaintiff’s total amount of wages paid in 2012 KRW 24,403,133 is as seen earlier, and the monthly average wage of KRW 2,033,594 (i.e., KRW 24,403,133 ± 12 months, less than KRW 12 months, and less than KRW 31) is apparent in the calculation of the facts. As such, the Plaintiff’s total amount of wages up to January 23, 2014, which the date of closing argument in the first instance court of this case sought by the Plaintiff, from November 14, 2013 when the instant standby order becomes void, shall be 4,723,186 x 4,723,186 x 2,03,594 x 10/31 day).

Meanwhile, the Defendant paid the Plaintiff KRW 1,357,410 as monthly salary in November 2013, KRW 1,251,915 as monthly salary in December 2013, and KRW 1,314,850 as monthly salary in January 2014.