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(영문) 부산지방법원 2018.04.26 2017가단26795
임금 및 손해배상
Text

The defendant shall pay to the plaintiff KRW 10,400,000 as well as 5% per annum from September 23, 2017 to April 26, 2018, and the next day.

Reasons

Basic Facts

On February 17, 2016, the defendant was established for the installation and removal of metal structures, the maintenance of the wind voting, etc. and completed business registration on February 22, 2016.

The Plaintiff is a construction engineer with a certificate of work experience as a glass construction technician who used it to operate with C (the representative director of the Defendant) and its business. From May 15, 2016, the Plaintiff has been engaged in business activities since its position as the executive director of the Defendant Company.

On October 2016, the Plaintiff entered into a contract with E as to the construction site located in Busan Jung-gu on behalf of the Defendant, and received KRW 449,400,000 in total from the said company on February 28, 2017 and March 1, 2017.

(hereinafter “The instant construction cost”). On July 15, 2017, the Plaintiff requested that the Defendant pay the unpaid wages to the Defendant and immediately leave the company in order to find employment in another company. However, the Defendant did not comply with the request.

[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 5 and 22 evidence (including branch numbers; hereinafter the same shall apply). The plaintiff's assertion as to the purport of the whole pleadings from March 15, 2017 to the same year

9. Until December 15, 198, the Defendant served as a field agent at the construction site, etc., and the Defendant shall pay the Plaintiff KRW 35,00,000,000 per month, calculated at the rate of KRW 5,000 per month.

(Claim for Benefits) The Defendant, from February 2, 2014 to February 2, 2015, treated as if the Plaintiff had worked in the Defendant Company even if the Plaintiff had not worked in the Defendant Company, and caused the Plaintiff to lose the basic eligibility for benefits, thereby preventing the Plaintiff from receiving KRW 6,00,000 for two years’ labor encouragement subsidy and KRW 14,40,000 for basic supply.

Therefore, 20,400,000 won should be paid as damages.

(A) As to the claim for reimbursement of damages, first of all, whether the Plaintiff received benefits of KRW 5,00,000 from March 15, 2017 between the Defendant and the Defendant, the Health Council and the Defendant can be recognized.

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