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1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from August 5, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On January 15, 2015, the Plaintiff, a medical specialist, entered into a labor contract with the Defendant, who operates a clinical hospital located in the former North Korean-gun, with the annual salary of KRW 300,000,000, monthly payment of KRW 25,000,000 each month as the 15th day of the contract period, and the contract period from January 16, 2015 to January 15, 2020 (hereinafter “instant labor contract”).
B. From January 16, 2015 to June 2015, the Plaintiff retired from office while serving in the Defendant’s Clinical Hospital for five months.
C. The Plaintiff received KRW 50,000,000 as wages from the Defendant around the time of entering into the instant employment contract, and thereafter received KRW 100,000,000 in total, from each of the Defendant’s transfer of KRW 6,000,000 on March 31, 2015, KRW 7,000,000 on April 10, 2015, KRW 3,000 on April 28, 2015, and KRW 20,000 on May 18, 2015, and KRW 14,000,000 on June 5, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant, as an employer, is obligated to pay the Plaintiff, as an employee, the unpaid wage of KRW 25,000,000 (i.e., monthly wage of KRW 25,000,000 x 5 months) under the instant labor contract and damages for delay calculated at the rate of KRW 15% per annum from August 5, 2016 to the day of full payment, as sought by the Plaintiff, following the delivery of the copy of the instant complaint, to the day of full payment.
B. On May 18, 2015, the Defendant’s judgment on the Defendant’s assertion is from May 16, 2015 to May 16, 2015, using the Plaintiff’s deposit account in the Plaintiff’s wife C.
6. 20,000,000 of benefits shall be paid in installments, and 5,000,000 won in the balance of the monthly salary for June 5, 2015 and six months (from June 16, 2015 to the same year);
7. Until December 15, 198, a sum of KRW 14,000,000, which is part of the benefits, is not paid any more than 14,000,000, and rather, the Plaintiff should return the excess paid. However, the Defendant is obliged to pay the Plaintiff according to the instant labor contract.