임금
1. The Defendant shall pay to the Plaintiff KRW 33,675,370 as well as 20% per annum from January 15, 2017 to the day of complete payment.
1. Basic facts
A. The Defendant is a company that engages in the manufacturing and wholesale and retail business of women.
B. On September 1, 2008, the Plaintiff joined the Defendant Company as a sales employee, and was retired on December 31, 2016.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the claim for unpaid wages
A. According to the reasoning of the judgment on the cause of the claim, Gap evidence 2-1 and 13, and the purport of the entire pleadings, the plaintiff was paid KRW 2,900,000 on a monthly basis from January 2014, and the defendant was paid KRW 2,400,000 as the monthly salary, and KRW 2,40,000 as the monthly salary for December 2016, and KRW 2,40,000 as the monthly salary for December 2016. Thus, the defendant is obligated to pay the plaintiff the unpaid wage of KRW 1,00,000 (=50,000,000 as the month from November 2016) and delay damages.
B. As to the judgment on the Defendant’s assertion, the Defendant proposed that the Plaintiff be reduced to KRW 2,400,000 per month from the monthly salary from October 2016, and the Plaintiff consented thereto and paid KRW 2,400,000 each on November 1, 2016 and December 2016, and thus, the Defendant cannot comply with the Plaintiff’s claim.
However, the evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff consented explicitly or implicitly to the reduction of the amount of benefits from November 2016, and there is no other evidence to acknowledge the reduction.
Rather, according to the purport of the evidence No. 2-1 and the entire pleadings, it is recognized that the Defendant paid only KRW 2,400,000 from November 201, 2016 without the Plaintiff’s consent as to the reduction of benefits.
Therefore, the defendant's above assertion is without merit.
3. Determination as to the claim for unpaid retirement benefits
A. According to the reasoning of the judgment on the cause of claim No. 1, the Plaintiff’s period of service from September 1, 2008 to December 31, 2016, according to the overall purport of the pleadings and records No. 1.