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(영문) 대구지방법원 2015.05.01 2014가단25761

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 12,871,707 and the interest rate of KRW 20% per annum from December 18, 2013 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) The plaintiff's labor contract content and its circumstances are the defendant's automobile maintenance business with the trade name "D" in Daegu Dong-gu, Daegu.

The Plaintiff entered into an oral contract with the Defendant to receive KRW 2.8 million as the monthly salary before deducting the amount of the source tax, etc., and began to work from December 1, 2012.

From December 1, 2012 to February 28, 2013, the Defendant prepared a labor contract stating that the period of employment was from December 1, 2012 to February 28, 2013, “the period of employment is 2.5 million won, including the four insurance/retirement allowances,” and the Plaintiff raised an objection thereto. The Defendant stated that “including the four major insurance” was against the part of “including the four major insurance,” and signed by the Plaintiff.

On March 2, 2013, the Defendant notified the Plaintiff who worked at the work on March 2, 2013, and the Plaintiff applied for remedy on the ground that the dismissal was unfair, and on May 2, 2013, the Gyeongbuk Regional Labor Relations Commission determined on May 2, 2013 that “the notice of the expiration of the period of probationary work rendered by the Defendant to the Plaintiff on March 3, 2013 is unfair.” The Defendant, within 30 days from the date of receiving the written ruling, determined that the Plaintiff was reinstated to the former, and that the amount equivalent to the wages that could have been paid if the Defendant had worked during the dismissal period, was paid.”

On May 27, 2013, the Plaintiff returned to his former former position, and served until December 3, 2013.

(2) The Plaintiff’s wage unpaid during the period of unfair dismissal from December 2012 to February 2013 is KRW 1,864,592 [The Plaintiff’s wage unpaid during the period of unfair dismissal from December 2012 = 300,000 won (the wage of KRW 2.8 million paid at the beginning) of the unpaid monthly wage of KRW 2.5 million in December 2012 (the wage of KRW 2.5 million paid at the beginning) and unpaid monthly wage of KRW 300,00 won in December 2013 (the unpaid wage of KRW 16,162,200) and labor allowance of KRW 462,20 in December 2013 (the work allowance of KRW 131,244 in February 261, 2013 (the hours paid at the beginning) and the allowance of KRW 500,000 in February 14, 2013 (the hours paid at the beginning) and the allowance of KRW 2814.