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1. The Defendant shall pay to the Plaintiff KRW 34,255,090 and interest rate of KRW 20% per annum from March 15, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. From December 1, 2012 to February 29, 2016, the Plaintiff retired from office as a night oil at the Defendant’s station located in Busan Metropolitan City (C). From March 2013 to June 2013, the Plaintiff was paid KRW 3,324 in the Si’s level 3,238 won, from July 2013 to December 2013, 2013, and KRW 3,324 in the Si level 3,324 from January 1, 2014 to December 2014.
(The minimum wage in 2013 is 4,860 won at a time, and the minimum wage in 2014 is 5,210 won at a time).
The Plaintiff was unable to receive KRW 15,250,720, the minimum wage below the minimum wage from March 1, 2013 to December 31, 2014; KRW 15,250,720; KRW 9,946,260, and KRW 2,066,640, and KRW 34,252,090,000,000 for weekly paid leave from January 1, 2015 to February 29, 2016, from March 1, 2013 to December 31, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts finding, the Defendant is obligated to pay the Plaintiff the amount of KRW 15,250,720, weekly paid leave allowance and night work allowance of KRW 9,946,260, annual paid leave allowance of KRW 2,066,640, annual paid leave allowance of KRW 6,98,470, retirement allowance of KRW 34,252,090, and damages for delay calculated at the rate of KRW 20% per annum under the Labor Standards Act from March 15, 2016 to the date of full payment, as sought by the Plaintiff.
In relation to this, the defendant merely operated the above gas station by being entrusted with the management of the oil station by the company, it seems that the above company was entitled to receive the plaintiff's wage, allowance, etc., or that the above company was obligated to pay wages, etc. directly to the plaintiff. However, according to Articles 3 (d), 4, 8 (b) and (d) of the Service Contract for the Operation of Gas and Charge Station (Evidence 1) between the defendant and the above company, the defendant is required to employ the manpower of the gas station under the full responsibility.