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(영문) 수원지방법원 2016.06.09 2015나3843
임금 및 퇴직금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The defendant is a corporation whose purpose is civil engineering and construction work business.

The Plaintiff was employed by the Defendant from September 1, 2007 to March 20, 201 (hereinafter “the first period of employment”) and retired from office, but re-employed, and served from April 14, 201 to December 18, 2013 (hereinafter “the second period of employment”).

B. A retirement allowance during the first period of service (hereinafter “the first retirement allowance”) is KRW 11,285,154, and a retirement allowance during the second period of service (hereinafter “the second retirement allowance”) is KRW 8,294,066.

C. The Plaintiff and the Defendant agreed to pay monthly salary at the end of each month, and the monthly salary (the amount after deducting allowances and taxes) that the Plaintiff should have received during the first and second tenure of office is total of 212,310,90 won, and the monthly salary in June 2013 is total of 2,854,560 won, and the monthly salary in July 2013 from July 2013 to November 2,851,310 won, and the monthly salary in December 2013 is total of 1,769,79,790 won, and the annual salary in December 2013 is total of 2,318,830 won, and the annual and second tenure of office is total of 4,459,980 won (the Defendant’s assertion that the Defendant does not have any obligation to pay the previous use allowance).

At the time of the first retirement, the Plaintiff was not paid the instant retirement allowance of KRW 24,748,070 in total and the first retirement allowance of KRW 20,00,00 for eight months during the period of the first retirement by the Defendant.

E. During the period of employment, the Plaintiff used the Plaintiff’s vehicle for the Defendant’s business, paid the Plaintiff’s expenses such as oil expenses and expressway tolls, etc. as the Plaintiff’s money, and submitted evidentiary materials to the Defendant.

F. The Defendant’s total amount paid to the Plaintiff by January 29, 2014 is KRW 234,823,840 in total.

(Attachment Table 1 is detailed, and each of the money listed in the Schedule is the plaintiff's assertion during the pleadings of this case). [The grounds for recognition] does not dispute, Gap evidence Nos. 1 through 8, and Gap evidence Nos. 12 through 12.

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