beta
(영문) 서울중앙지방법원 2018.07.19 2017가단5207386

금전반환청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. C (the Plaintiff was merged with the Plaintiff on June 1, 2016; hereinafter “Plaintiff”) and the Defendant concluded a annual salary contract and employment contract as follows on May 1, 2013.

[Employment Contract] (Employment Contract, as an employment contract, under the conditions specified below in accordance with the Labor Standards Act and the internal regulations of the company) * Work place: Gyeonggi-do Building D (on-site work in Kazakhstan in accordance with the company's policy): 8 hours per day working (9:0 o'clock 6:0 o'clock o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'o'

[Annual Salary Contract] Department: The term of office of the head of a foreign business/central Asian branch: The annual salary from May 1, 2013 to April 30, 2014: The method of paying annual salary of KRW 71,440,000 (annual salary of KRW 67,000,000 for salary of KRW 4,440,000 for salary): The amount shall be divided by 12 months, and the fixed amount shall be paid from May to April of the following year.

Time: 25th of each month;

B. As the Plaintiff did not pay the monthly salary as stipulated in the above annual salary contract, the Defendant filed a petition with the Seoul Regional Employment and Labor Agency relating to the delayed payment of wages to the Plaintiff, and the Plaintiff and the Defendant agreed on December 26, 2016 in the course of investigating the said petition case as follows.

(hereinafter referred to as “instant agreement”): The Plaintiff, by December 31, 2016, promises to pay 30% (13,998,938 won) of the total amount of agreement until March 31, 2017, to pay 30% of the total amount of agreement (13,998,938 won) by June 30, 2017 (13,998,938 won) by December 31, 2017.

The defendant withdraws the authenticity of the Employment and Labor Agency and promises not to ask the plaintiff any monetary liability after the completion of the payment of the above agreement.

In addition, the defendant is also entitled to recover the outstanding amount that the plaintiff did not receive from the Center.

참조조문