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(영문) 수원지방법원 2018.08.10 2017가합3058
임금
Text

1. The defendant,

A. 85,729,453 won and a rate of 20% per annum from November 15, 2016 to the date of complete payment to Plaintiff A.

Reasons

1. Determination as to the cause of claim

(a) From March 1, 2017 to October 31, 2016, Plaintiff A served for the Defendant. From April 1, 2014 to August 30, 2015, the total amount of wages of 29,845,210,60,50, monthly wages of 2,935,940, monthly wages of 2,687,630,60,67,600, monthly wages of 365, monthly wages of 30,67,65, and monthly wages of 30,65, monthly wages of 30,67,686, 685, 2,685, 300, monthly wages of 205, wages of 30,67, 305, 306, 306, 196, 205, 306, 206, 20636, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 2-3, Eul evidence 2-4, the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff A a total of KRW 85,729,453 as well as damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from November 15, 2016 to the date of full payment, and to pay to the Plaintiff B damages for delay calculated at the rate of 130,793,765 won per annum from April 15, 2017 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant is a workplace with less than five full time, and the provisions of the Labor Standards Act on overtime, night and holiday work allowances and annual leave allowances do not apply, and thus, the plaintiffs calculated these allowances as wages, which is erroneous, and the defendant paid the above allowances so far.

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