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(영문) 서울중앙지방법원 2015.11.11 2015가단61239
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) with the Defendant, who is the former employee, on December 1, 2009, on the condition that the Defendant received monthly salary of KRW 3 million from the Defendant, on the condition that the Defendant would be paid monthly salary of KRW 3 million, and entered into an employment contract with the Defendant (hereinafter “instant employment contract”) as an employee of the Defendant from January 1, 201 to April 30, 201.

B. After the conclusion of the instant employment contract, the Plaintiff did not immediately commence work at the pertinent school juristic person, instead, performed the overall management and supervision of the D General Hospital Construction Corporation in Busan ordered by the Defendant from January 2010 to March 2010, and received the benefits of KRW 1.5 million per month from the Defendant.

C. Even after the completion of the new construction of the D Hospital in the instant employment contract, the Plaintiff did not obtain the approval of the Office of Education on the assignment to the position of the chief of the Office of General Affairs of the educational foundation scheduled to serve as the Plaintiff’s position. Accordingly, the Plaintiff agreed with the Defendant to reduce the wages prescribed in the instant employment contract from April 2010 to receive KRW 150,000 per month by reducing the wages under the instant employment contract during the period of home work instead of performing home work in Seoul after consultation with the Defendant.

Therefore, according to the instant employment contract, the Defendant is obligated to pay the Plaintiff the sum of KRW 9 million per month’s wages of KRW 3 million per month during three months, which is the period of supervision over the construction and management of the new D General Hospital, the sum of wages of KRW 1.8 million per month reduced from April 2010 to April 30, 201, which is 1.5 million per month during the remaining period of home-based work, and retirement allowances of KRW 28.5 million per month.

However, the defendant paid only the sum of KRW 4.5 million to the plaintiff for the first three months, and the defendant from January 201 to January 201.

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