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(영문) 부산지방법원 서부지원 2018.09.19 2018가단104502
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,452,084 and the interest rate of KRW 20% per annum from March 15, 2018 to the day of complete payment.

Reasons

1. According to the purport of Gap's evidence Nos. 1, 2, 5, and 6 as to the cause of the claim and the entire pleadings, the plaintiff entered into an employment contract with the defendant company and managed it as a director's position from October 30 to January 15, 2018, and did not receive 37,452,084 won including wages 25,735,558 won from July 30, 2014 to January 15, 2018 and retirement allowance 11,716,52,084 won, barring special circumstances, the defendant is obligated to pay the plaintiff unpaid wages and retirement allowance 37,452,084 won and delay damages at the rate of 20% per annum as the plaintiff seeks from March 15, 2018 to the date of full payment.

2. The Defendant alleged that the Defendant’s assertion was merely KRW 9,030,256 (i.e., wages and retirement allowances of KRW 5,250,000) since the Plaintiff continued to engage in “C Corporation” under his/her responsibility under the said construction site and decided to adjust the Plaintiff’s class and salary as of October 1, 2017. However, it is insufficient to acknowledge that the Defendant decided to adjust the Plaintiff’s class and salary as of October 1, 2017 only with the evidence submitted by the Defendant, and there is no other evidence to prove otherwise.

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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