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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 are: (a) the Plaintiff retired from office in a bath with the trade name “C” operated by the Defendant from May 2, 2017 to December 26, 2017 (hereinafter “service period of this case”); and (b) the Plaintiff and the Defendant entering into a labor contract between the Plaintiff and the Defendant (hereinafter “instant labor contract”); and (c) the said salary is only 1450,000 per month; (d) the said salary is the amount determined by including all statutory allowances, such as overtime work allowances, night work allowances, holiday work allowances, and monthly allowances, which inevitably arise in the characteristics of duties; and (d) the working hours are 8 hours and 2 hours per week; and (e) the said working hours are 8 hours and 12 hours per week; and (e) the said one-time work hours and working hours are in compliance with the direction of the business owner. There is no dispute between the parties concerned.
2. The plaintiff asserts that, while the service period of this case of this case of this case, the defendant sought payment of extended work allowance and night work allowance totaling KRW 9,324,411 and damages for delay thereof, the defendant asserts that the labor contract of this case of this case constitutes a comprehensive wage agreement with the plaintiff, which includes both statutory allowances such as extension and night work allowance, as they are concluded on the basis of free will on an equal footing, and thus, cannot respond to the plaintiff'
3. Determination
A. The reasoning for this part is that the court’s reasoning is identical to the corresponding part of the second to third to second to third to the judgment of the court of first instance. Thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. If so, the defendant's 7,941,650 won and its 7,941,650 won against the plaintiff and the 14th day following the plaintiff's retirement date, which are the date of January 10, 2018 that it is reasonable for the defendant to dispute as to the existence and scope of the obligation, and 6% per annum under the Commercial Act until August 12, 2019, and 20% per annum under the Labor Standards Act from the following day to the date of full payment.