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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 11,105,456 with full payment from April 26, 2014.
Reasons
1. Determination as to the main claim
A. Basic facts (1) The Plaintiff entered the “C” operated by the Defendant on June 15, 2009 and served as an instructor.
(2) From June 2009 to June 2010, the Plaintiff reported KRW 2,100,000 per month from July 2010 to June 6, 2011, and KRW 2,200,00 per month from July 201 to December 2011, and KRW 2,50,000 per month from January 201 to December 2012, 200. The Plaintiff reported the Plaintiff’s salary of KRW 1,00,000 per month.
(3) The Plaintiff and the Defendant drafted a written employment contract as of January 1, 2013, and the said written employment contract amounting to KRW 2,500,000 per month.
(4) Since January 1, 2014, the Plaintiff and the Defendant drafted an employment contract as of January 1, 2014, and the said employment contract decided to pay 2.65 million won per month.
(5) Afterward, the Plaintiff retired from C on April 11, 2014.
(6) The Plaintiff filed a petition with the Defendant to the effect that the Defendant did not pay retirement allowances, annual leave allowances, overtime and holiday allowances. Accordingly, the Defendant was subject to criminal punishment on the grounds of criminal facts constituting a violation of the Labor Standards Act that the Defendant did not pay the Plaintiff a retirement allowance of KRW 9,315,825, annual leave allowances, annual leave allowances of KRW 180,546, overtime work allowances of KRW 1,309,085.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
B. According to the facts of recognition as above, the Defendant is obligated to pay the Plaintiff a retirement allowance of 9,315,825 won, annual leave allowance of 480,546 won, annual leave allowance of 11,105,45 won, annual leave allowance of 11,105,456 won, and delay damages calculated at the rate of 20% per annum under the Labor Standards Act from April 26, 2014 to April 11, 2014, which is the following day after 14 days from the retirement date of 14 days from the retirement date of 209 to the day of complete payment.
C. Determination on the Defendant’s assertion of set-off (1) The Defendant paid to the Plaintiff KRW 250,000 each month from January 2013 to December 2013, 2013, KRW 3,000,000, and April 80 until April 2014.