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Reasons
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(영문) 서울동부지방법원 2017.02.13 2016나4701
임금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts can be acknowledged in full view of Gap evidence Nos. 1, Eul evidence Nos. 2-1, 2, Eul evidence No. 3-1, 6, Eul evidence No. 4, and the purport of the whole pleadings.

The Plaintiff worked as an English instructor from April 1, 2015 to June 14, 2015 at the C Teaching Institute, which is operated by the Defendant, as an English instructor.

At the time, the defendant agreed to pay the amount of KRW 2.6 million per month to the plaintiff.

B. On April 10, 2015, the Defendant paid KRW 2,340,00 to the Plaintiff, and KRW 2,197,00 as wages for May 2015, the Defendant paid KRW 770,00 as wages for June 2015, but paid KRW 322,00 in addition to the Plaintiff around November 10, 2015.

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 260,00 out of the amount of benefits claimed by the Plaintiff on April 2015, 2015, 254,130 out of the amount of benefits claimed by the Plaintiff, and KRW 121,33 out of the amount of benefits for June 2015.

B. The Plaintiff alleged that he did not receive KRW 443,33 out of the amount of June 2015’s benefits. However, as seen earlier, the Defendant paid an additional KRW 322,00 on or around November 10, 2015, and thus, the claim corresponding to the additional amount is without merit.

C. The Defendant asserts that the Plaintiff agreed with the Plaintiff to reduce 10% of the benefits by neglecting his/her duty, such as dismissal and absence from work without permission, and that the Plaintiff paid all the benefits according to the agreement.

In full view of the purport of the arguments in the statement Nos. 2-1, 2, and 3-1 through 6 of the evidence Nos. 2-1, 2-2, and 3-1 through 6, the Plaintiff appeared to have been in bad faith due to absence from office, etc. while working at the Defendant’s private teaching institute. As a result, the Defendant agreed to partially reduce the amount of 143,000 won on May 2015. The Plaintiff also claimed KRW 2,60,000, and KRW 403,130, which is the difference between the agreed wage No. 2600,000, and KRW 197,000, and KRW 403,000, which is the difference between the agreed wage No. 2. 2,000 and the already paid KRW 197,00.

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