1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The Defendant: (a) KRW 2,753,926 to the Plaintiff and its related costs on January 2, 2014.

1. Basic facts

A. The Plaintiff entered into an employment contract with the Defendant who carries on the manufacturing business of various industrial machinery-related equipment and parts, such as automation machinery, and worked as the director of the production team in charge of production, material management, document work, etc. in the on-site office from February 24, 2014 to September 6, 2014.

B. The Plaintiff and the Defendant did not prepare a labor contract, and the Defendant paid KRW 32 million to the Plaintiff annual salary, and paid KRW 210,000 per month as salary, and paid KRW 1110,00 as bonus as of June 2014.

[Ground of recognition] Facts without dispute, entry B in the evidence Nos. 2 and 4, witness C of the first instance trial, witness C of D and the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion asserts that the agreed annual salary with the Defendant is KRW 32 million, and this is an amount that does not include allowances for overtime work, etc., and that the Defendant was not paid allowances for overtime work, night work, and holiday work from February 24, 2014 to September 6, 2014, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 8,261,887 as well as damages for delay.

B. The defendant's assertion that when entering into an employment contract with the plaintiff, the defendant concluded a comprehensive wage agreement that sets the sum of the plaintiff's desired annual salary of KRW 26 million and pays KRW 6 million, the defendant did not have the obligation to pay each of the instant allowances to the plaintiff, and the plaintiff did not have any fact that the plaintiff had provided overtime work.

3. Determination

A. 1) In a case where an employer concludes a labor contract, it is in principle that the employer determines the basic wage for workers and pays the total sum of all kinds of allowances in addition to the basic wage (see, e.g., Supreme Court Decision 96Da24699, Mar. 24, 1998). However, the employer, without calculating the basic wage, determines the total sum of all kinds of allowances as monthly wages or daily wages as wages or determines the basic wage.