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(영문) 수원지방법원 2018.01.10 2016가단12188
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,020,816 as well as 20% per annum from July 10, 2015 to the day of complete payment.

Reasons

1. Evidence 1, A3-1, A3-2, A4, A5-1, 2, A6, A8, and the purport of the whole pleadings

A. The Plaintiff was employed by the Defendant as a vice head in charge of public duties and the Defendant as a manager in charge of the field management of construction sites under contract from March 2, 2011 to June 25, 2015, by setting a total of KRW 3,460,000 per month for the salary of KRW 1,140,000, and KRW 2,320,000 per month for the salary of KRW 2,460,00.

B. The Defendant did not pay part of the wages to the Plaintiff from December 2012.

As indicated below, the Plaintiff’s wages from November 2014 to June 2015 are 25,327,966 won, and retirement allowances are 11,692,850 won and retirement allowances are 37,020,816 won in total.

The total amount of wage retirement allowances for the period of November 2, 2014; 3,349,886 December 3, 2014; 3,379; 1370; 379; 1379; 130 February 3, 2015; 3,379; 379; 3,379; 1379; 1375; 130 April 3, 2015; 1379; 1379; 3,379; 1300; 2,703; 300; 25,327; 961,692; 85037,0816;

2. The allegations by the parties and the judgment of this court

A. According to the above facts, the defendant is obligated to pay 37,020,816 won, such as wages, and delay damages, to the plaintiff, barring special circumstances.

B. The Defendant’s assertion 1) The Defendant’s assertion (1) 1) paid 14,559,220 won out of the unpaid amount of 25,327,966 to the Plaintiff, and paid 8,476,790 won out of the unpaid amount of 11,692,850 won of the unpaid retirement allowance.

(2) Of the unpaid wages of KRW 25,327,966, the wages of KRW 19,245,536 from November 2014 to April 2015 were included in the execution cost of the unit maintenance and warehouse construction (hereinafter “instant construction”) and thus, the Defendant is not the amount to be paid.

B) The Plaintiff’s assertion and counterargument (1) (the Plaintiff did not pay part of the Defendant’s wages from December 2012, and did not pay the unpaid wages to the time of retirement, and the remaining amount of KRW 25,327,966 is 25,327,966, and the Defendant paid 14,559,220 to the Plaintiff after January 2015 is unpaid.

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