임금등 청구의 소
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The Plaintiff asserted that he worked as an employee of the Defendant Company from April 16, 2014 to August 30, 2018.
① From 15,000 PLN, the Plaintiff received 5,000 PLN (1.5 million won) from Korea as monthly salary, and was not paid 100,000 PLN (30 million won) for the period from January to August 2018.
② The Plaintiff shall pay 13,125,000 won (15,000 PLN x 25 won/LN) per month during the 35-month period from February 1, 2014 to December 31, 2016, to the Plaintiff.
③ The Defendant ought to pay the Plaintiff KRW 3,960,00 (13,200N= monthly 1,2000N x 11 months) in total from April 20, 2017 to March 20, 2018.
Therefore, the defendant should pay to the plaintiff the sum of KRW 47,085,00 and damages for delay.
2. Determination
A. Comprehensively taking account of the written evidence evidence Nos. 3, 5, 6, 7, and 10 as to whether a labor contract had been concluded between the Plaintiff and the Defendant, the Plaintiff and the Defendant agreed to work as the Defendant’s source around February 2014, and the Defendant agreed to pay 10,000 PLN as monthly salary, and 1,50,000 won in Korea. On April 16, 2014, the Plaintiff completed a labor contract with 10,000 PLN as a corporation in the territory of the Defendant, and received the said monthly salary from the said corporation from the Defendant to December 1, 2016.
According to the above facts of recognition, the parties who have actually concluded a labor contract with the plaintiff are the defendants.
B. As seen earlier, while entering into a labor contract on February 2014 by the Plaintiff and the Defendant around February 2, 2014, the Plaintiff’s monthly wage of KRW 10,000 N, and KRW 1.5 million per month in Korea, respectively.
However, according to the statement of No. B No. 1, the plaintiff.