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(영문) 서울북부지방법원 2019.01.16 2018가단127665

임금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,837,411 as well as the full payment from January 15, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s relationship (i.e., the Plaintiff worked as an instructor at the E Research Institute located in Gangseo-gu Seoul, Gangnam-gu, Seoul, as an instructor from April 26, 2006.

Things C established the defendant on June 17, 2008 and transferred the above private teaching institute to the defendant on July 1, 2008.

(C) The Plaintiff is the representative director of the Defendant. From around that time, the Plaintiff succeeded to employment to the Defendant and continued to serve as an instructor at the pertinent driving school until December 31, 2016.

B. (1) On December 2012, 2012, the Plaintiff and the Defendant drafted each lecture consignment agreement as follows: (a) around December 31, 2013; (b) January 15, 2015 (the date January 15, 2013 appears to be a clerical error) and around December 2015.

Article 5 (Selection of Tuition Fees) (1) The Defendant shall pay tuition fees upon consultation between the Plaintiff and the Defendant according to the Plaintiff’s lecture hours. 2) The Plaintiff shall determine the fee per hour according to the lecture hours established by the Defendant as follows:

c) Payment of tuition fees: The Plaintiff’s tuition fees shall be classified into basic tuition fees, overtime allowances (day, monthly, and holiday allowances during the examination period), and taxes shall be paid after deducting from business income tax and resident tax 3.3%. (d) Liquidation of retirement allowances: In the case of lectures for not less than one year, they shall be liquidated in January 20 each year.

(Provided, That at the request of the plaintiff after six months, early liquidation is possible after consultation with the defendant).

The plaintiff's salary under the contract for the commission of each lecture is as follows:

1,50,000,000,000 2,40,400,000,79,200,320,800, 800 1,500,500,000 1,500,000, 2,5002,500 2,417,500 2,417,500 1,500,500,000, 2,5000, 2,500, 2,500, 2,500, 2,500,000, 2,50,000, 82,50,500, 2,5002, 2,400,417,500

C. (1) From January 11, 2010 to January 20, 2015, the Defendant made interim settlement of retirement pay with the Plaintiff as follows:

(In January 20, 2015, interim settlement was made in the form of a loan). The actual payment (won) during the period of the No. 11, 2010 No. 11, Jan. 1, 2010 to Dec. 1, 2012. < Amended by Presidential Decree No. 21825, Dec. 2, 2009>