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(영문) 광주지방법원 2017.05.19 2016나9175
임금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion: (a) from July 16, 2014 to July 25, 2015, the Plaintiff served as the president of the C Care Center operated by the Defendant; and (b) the Defendant paid the Plaintiff’s wages by reducing the Plaintiff’s wages by KRW 50,000 per month from January 1, 2015 to April 201 of the same year without justifiable grounds.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 2,200,000 (=550,000 won) and damages for delay.

B. The Plaintiff and the Defendant agreed to pay the Plaintiff’s wages reduced by KRW 50,000 per month from January 2015 to April 201 of the same year.

2. Determination is without dispute between the parties that the Plaintiff worked as the president of the C Care Center operated by the Defendant from July 16, 2014 to July 25, 2015. According to the evidence No. 1-2 to 10, the Plaintiff received 3,050,000 won (the pre-paid amount) from the Defendant from August 2014 to December 2015, the Plaintiff’s wage of 2,50,000 won (the pre-paid amount) monthly wage of February 2, 2015 is 2,972,580 won (the pre-paid amount) or 472,580 won (the pre-paid amount) excluding the adjustment allowances from this amount, 2,500,000 won.

The fact that he received the wage is recognized.

However, the following facts are revealed in the statement Nos. 4-1 to 4, 6-1 and 10 of the evidence Nos. 4-1 to 4, 6-1, and the overall purport of the pleadings. In other words, the defendant's board of directors held on December 15, 2014, "the representative director amends and finally confirms the budget bill for 2015 in consultation with the plaintiff," and the defendant's board of directors held on December 15, 2014. ② The above reduced amount is indicated as the plaintiff's remuneration, and the above reduced amount is indicated as the plaintiff's remuneration. The payment column for each wage ledger is affixed with the seal of the president. ③ The person in charge of the plaintiff's instruction prepared the statement of the plaintiff's salary.

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