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(영문) 서울동부지방법원 2015.12.11 2015나24630
임금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is the agricultural partnership which manufactures ginseng cultivation and red ginseng-related food.

B. The Plaintiff entered into an employment contract with the Defendant with a monthly wage of KRW 2.5 million, and worked from December 23, 2013 to December 24, 2014.

C. The Plaintiff was not paid retirement allowances of KRW 11,685,480, and KRW 2,479,300, and annual allowances of KRW 1,50,000 on February 2, 2014, and KRW 2,500,00 on September 2, 2014, and KRW 2,50,00 on November 2, 2014, and KRW 2,500,000 on November 2, 2014, and KRW 11,685,480 on December 1, 205, and KRW 2,479, 300 on annual allowances, and KRW 1,435,40 on annual allowances.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Plaintiff asserted that the Plaintiff had worked as an employee of the Defendant from December 23, 2013 to January 8, 2015, but did not receive a total of KRW 16,772,242 in wages, retirement allowances, and annual allowances. As such, the Plaintiff claimed against the Defendant for the payment of KRW 16,772,242, including the aforementioned unpaid wages, and damages for delay.

On July 2014, the defendant terminated the supply contract with Empt and was unable to operate B branch offices, and arranged B branch offices, and set up the plaintiff who worked for B branch offices, and requested the plaintiff to defer the report of loss of the 4th insurance until the plaintiff seeks work, and the head of B branch office who is in charge of the defendant's export and import affairs requested the defendant to pay the 4th insurance loss report to the defendant, and did not refuse it.

B. The facts that the Plaintiff worked as an employee of the Defendant from December 23, 2013 to December 24, 2014, but failed to receive wages, retirement allowances, and annual allowances, are as seen earlier, and the Plaintiff’s total amount of KRW 15,600,180,180 is insufficient to reverse the Plaintiff’s wages and retirement allowances, annual allowances, and the Labor Standards Act and the same are as follows.

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