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(영문) 제주지방법원 2016.01.12 2015가단50384
채무부존재확인
Text

1. The contractual obligation based on the labor contract dated January 8, 2014, by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is the contractual obligation.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 8, 2014, the Plaintiff and the Defendant concluded a labor contract (hereinafter “instant labor contract”) and the main contents are as follows.

The term of a labor contract: From December 19, 2013 to December 31, 2016, the details of the business (any mutual agreement at the time of renewal of the contract upon the expiration of the contract period): General business wage - monthly wage excluding the financial business - monthly wage - KRW 2.5 million when the profit of the company is normal - bonuses - bonuses - bonuses 3.5 million when the company is black.

-Other benefits: mutual agreement;

-wages payment date: the 19th day (on the preceding day in the case of holidays) per month - the business owner shall provide the workers with accommodation and vehicles.

-in the event of dismissal of a worker before the expiration of his work period, the employer shall pay to the worker an amount calculated by multiplying the remaining month by 3.5 million won per month.

B. On August 25, 2014, the Plaintiff: (a) held a board of directors on August 25, 2014; (b) requested excessive wages in addition to the contracted wages; (c) obstructed the Plaintiff’s work by requesting the discontinuance of construction works; (d) threatened the Plaintiff to refrain from obtaining bank loans; (e) disbursed excessive operating expenses of the Plaintiff; and (e) resolved to dismiss the Defendant as of August 31, 2014 on the ground of dismissal, on August 27, 2014, on the ground that the Plaintiff was dismissed from the workplace without permission; and (e) notified the Defendant of the details of the resolution of the board of directors.

C. Meanwhile, during the period from the date of entering into the instant employment contract to August 19, 2014, the Plaintiff paid the Defendant wages of KRW 2.5 million per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant dismissed the defendant before the expiration of the term of employment under the labor contract of this case. Thus, the plaintiff's employment period from August 20, 2014 under the special contract of this case to the defendant.

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