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(영문) 서울동부지방법원 2015.07.17 2014가단45042

임금 및 퇴직금 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2008, the Plaintiff entered into a labor contract with Defendant C Co., Ltd. (Representative D, hereinafter, Defendant C). The main contents are as follows.

Article 1: Work hours and recess hours under Article 2 from June 1, 2008 to May 31, 2009: 8 hours per day, 40 hours per week: 8 hours per day, 40 hours per week, 40 hours per week: 5 hours per week: 09:30-18:30 (9 hours per week) : 09: 00-13:00- 13:00 (1 hours) : Provided, That the working conditions may be changed according to the circumstances of Gap (Defendant C), and the Plaintiff (Plaintiff) shall comply with it faithfully.

Article 3. (1) A shall pay 24 million won annual salary to B.

This annual salary shall include all kinds of benefits, such as basic benefits, job allowances, vehicle maintenance expenses, and food expenses, and legal charges and public charges, but does not include retirement allowances.

(2) A may be paid special allowances to B in addition to remuneration referred to in the above paragraph (1).

(3) A shall pay B the above paragraph (1) 1/12 to B on the 25th of each month (the day immediately before or immediately after the relevant holiday day, if the relevant day is a holiday).

Article 6 (1) Other working conditions shall be governed by the regulations, and matters not determined shall be governed by labor-related Acts and subordinate statutes, such as the Labor Standards Act.

(2) All the contents of this contract shall continue to be valid even at the time of termination of the contract under Article 1, unless there exists a written agreement between labor and management.

B. After February 1, 2012, the Plaintiff entered into a new employment contract with Defendant C, except where the term of the contract under the said contract was “from February 1, 2012 to January 31, 2013,” and “annual salary of KRW 38 million,” and the remainder was the same as the previous one. (c) The Plaintiff entered into a new employment contract with Defendant C (Representative D) on July 1, 2012. The term of the contract is “from July 1, 2012 to June 30, 2013,” and the term of the contract is “amount of KRW 12 million,” except where the remainder is “amount of annual salary of KRW 12 million.”

2. The same day.

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