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(영문) 수원지방법원 2020.07.23 2019가단538483

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 11,491,025 and a rate of KRW 20% per annum from April 15, 2019 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff (A) served as an employee in the Defendant, a corporation that runs wholesale and retail business, such as electric equipment and construction machinery, from April 1, 2015 to March 31, 2019.

(B) The Defendant’s representative director, while employing the Plaintiff for the business of electric machinery and materials sold by the Defendant, agreed to pay the amount of bonus equivalent to 2,50,000 won per month and 200% of monthly wage every year between the Plaintiff and the Plaintiff.

(C) Nevertheless, the Defendant did not pay the sum of KRW 20,000,000 (=5,000,000 x 4 years) for the four-year period of service.

(D) In addition, the defendant, who retired on March 31, 2019, is obligated to pay retirement allowance of 13,409,364 won (=11,68.22 won of the ordinary daily wage of 111,68.22 won, 668.22 won [The monthly wage of 2,500,000 ± annual bonus of 209 ± 5,000,000 ±2504 (annual contractual work hours)] 】 8 】 30 】 (1461 days of service ± 365 days)];

(E) Therefore, the Defendant is obligated to pay to the Plaintiff 3,409,364 won in total (=20,000,000 won) and damages for delay at the rate of 20% per annum as prescribed by the Labor Standards Act from April 15, 2019, on which the Plaintiff retired from office 14 days after March 31, 2019.

(2) The Plaintiff (A) introduced a construction company to the Defendant for the period from April 1, 2015 to March 31, 2019, which the Plaintiff asserted by the Plaintiff, and received a reward from the Defendant in return for the introduction of the construction company to the Defendant and received the reward from the Defendant.

(B) Even if the Plaintiff was the Defendant’s employee employed by the Defendant from April 1, 2015 to March 31, 2019, the Defendant is not obligated to pay bonuses as alleged by the Plaintiff to the Plaintiff.

(C) Therefore, the Plaintiff cannot respond to the instant claim.

B. (1) Determination is made as to whether the Plaintiff is the Defendant’s employee (A).

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