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(영문) 대구지방법원영덕지원 2017.04.18 2016가단1668
임금 등
Text

1. The Defendant’s KRW 5,676,661 as well as annual 5% from April 30, 2013 to April 18, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a mine safety engineer, and the defendant is a company with the purpose of mining, crushing of rocks, etc.

B. Around November 17, 2008, the Plaintiff entered into an employment contract with the Defendant and served as a person responsible for the security management of explosives from that time on April 15, 2013, the Defendant Uljin-gun, Ulin-gun, Ulin-gun, Ulin-gun, Ltd.

(1) The court below held that the plaintiff's work for D or E, which is the defendant's subcontractor, and did not work for the defendant during the above period. However, in light of the following circumstances, such as the plaintiff's work for D or E, the plaintiff's work for D or E, and the whole purport of the argument as to the ground for recognition under the following circumstances, i.e., the defendant's payment of the plaintiff's wages during the above period, i.e., the defendant's work for D, the defendant's work for D, the representative director of the defendant's work, and iii the plaintiff's work for D or E, the plaintiff was reported as the defendant's powder, blasting, and machinery security personnel during the period of the plaintiff's claim for wages.

The Defendant paid the Plaintiff the 20th day of each month, and the Plaintiff’s monthly salary was KRW 3 million from June 2012 to the retirement.

On April 8, 2016, the Plaintiff sent a peremptory notice to the Defendant demanding payment of KRW 2.3 million for unpaid wages on January 8, 2012 and February 2012, 2011, and subdivisions, oil, and tin bonuses on February 2012, 201, total of KRW 19 million for unpaid retirement allowances and KRW 9,379,29,290 for unpaid retirement allowances and KRW 30,679,290 for unpaid retirement allowances, which thereafter reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, Eul evidence No. 4, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the ground for the claim for payment of wages and bonuses, the Defendant is out of the Plaintiff’s wages of January 2012 and February 2012, 2012, barring any special circumstance.

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