beta
Text
1. The Defendant (Counterclaim Plaintiff) from August 16, 2016 to KRW 25,00,000 among the Plaintiff (Counterclaim Defendant) and KRW 37,460,545.
Reasons
1. Determination on the main claim
A. According to the facts without dispute over recognition, Gap's evidence Nos. 1, 2, and Eul's evidence Nos. 1 through 4, the defendant corporation B (hereinafter "the defendant company") is a corporation established around November 2007 for the purpose of "building comprehensive management, management, etc."
The Plaintiff’s work at the Defendant Company from March 1, 2010 to September 30, 2016 (the head of the management office, etc. of the building managed by the Defendant Company); the Plaintiff was registered as a director or a representative director of the Defendant Company from around 2009 to June 19, 2012 on the Defendant Company’s registry; the Defendant Company paid the Plaintiff KRW 2 million per month as wages to the Plaintiff; and around July 17, 2014, the Plaintiff notified the Plaintiff of the payment of benefits from the “company’s financial crisis” to “ KRW 1.5 million prior to the tax year”; and paid only the benefits reduced from July 2014.
B. The defendant company asserts to the effect that there was an agreement on the reduction of benefits since the plaintiff did not respond to the notification of adjustment of benefits.
However, such circumstance alone as alleged by the Defendant Company is insufficient to recognize that there was an agreement to reduce existing benefits, and there is no evidence to prove otherwise.
C. Therefore, barring any special circumstance, the Defendant Company is obligated to pay to the Plaintiff 37,460,545 won in total and 25,000,000 won in total among the unpaid wages and retirement allowances from July 15, 2014 to July 2016, to the Plaintiff, the amount of 12,460,545 won in total and the unpaid wages and retirement allowances from August 16, 2016, and 12,460,545 won in total from the date following the 14th day after the retirement date to the date of full payment under the Labor Standards Act.
The defendant company is an employer as the shareholder of the defendant company.