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1. The Defendant’s KRW 37,787,018 and KRW 11,829,713 out of the above money and KRW 37,787,018 to the Plaintiff, from July 31, 2013 to the remainder 25,957.
Reasons
1. Facts of recognition;
A. From December 3, 2008 to July 16, 2013, the Plaintiff was employed as a nurse at the D Hospital located in Sacheon-si C operated by the Defendant and performed the sick Service.
B. On December 3, 2011, the Plaintiff prepared a written labor contract with the Defendant, and the said written labor contract (Article 4) states that “The Plaintiff’s salary is excluded from overtime work, holiday work, and night work allowance, and ordinary wage is determined by adding up basic pay work allowances.”
C. The Plaintiff received a shift extension allowance, continuous service allowance, bottled allowance, and bonus (hereinafter “in case of referring to each of the above allowances, etc.”) from the Plaintiff along with the basic salary and work allowances every month from September 2010 to July 2013.
Specific amounts of bonuses, etc. are as follows:
Working-time extension allowances: Allowances for continuous service from February 2010 to January 2011 (200,000 won per month), from February 2011 to February 2013 (201): 2010 (10,000 won per month), 2011 (20,000 won per month), 2012 (30,000 won per month), 2013 (30,00 won per month): 200,000 won per month (301,50 won per month), 2011 (307,000 won per month), 2012 (312,500 won per month), 2013 (318,00 won per month).
D. Based on the total amount of basic pay and work allowances, the Defendant calculated an extended work allowance (day-time allowance), holiday allowance (day-off allowance), and annual allowance (hereinafter referred to as “day-off allowance, etc.”) on the basis of the ordinary world, and paid the Plaintiff. The calculation method is: (a) in the case of extended work allowance and holiday allowance (ordinary / 209), x 8 x 1.5 (However, overtime work allowance is paid only when the extended work hours exceed eight hours), and in the case of annual allowance (ordinary / 209) x 8.
E. The Plaintiff’s extended working days and holiday working days are as indicated in the “D/E number” and “of day” column in attached Table 1. The number of annual working days that the Plaintiff did not use is 15 days from December 3, 2009 to December 2, 2010, and December 3, 2010.