(영문) 서울동부지방법원 2014.05.01 2013가합14857

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(영문) 서울동부지방법원 2014.05.01 2013가합14857

손해배상

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 1, 2013, the Defendant entered into an employment contract with the Plaintiff (hereinafter “instant employment contract”) and entered the Plaintiff on the same day and entered the Plaintiff to develop the mobile server.

The main contents of the available employment contract between the Plaintiff and the Defendant (hereinafter “instant available employment contract”) signed on July 1, 2013 are as follows:

The employer (A) of the pilot employment contract: The purpose of the contract is to determine whether to enter into a regular employment contract by evaluating the knowledge, technical level, work attitude, work ability, etc. of B during the pilot employment period prior to the employment of B as B.

Article 2 (Term of Contract) The term of validity of this Agreement shall be one month from July 1, 2013 to July 31, 2013.

Provided, That the period may be extended upon the agreement of the parties according to the results of deliberation.

Article 3 (Work Place and Work in Charge) A shall be a pilot and shall faithfully perform the duties designated by A in the display business division.

Provided, That A may adjust and change the workplace and the affairs in charge, if necessary for his/her duties.

Article 5 (Places of Work and Duties) The head office shall be the head office and the duties in charge shall be software development.

Provided, That where it is deemed necessary to manage A, the place and affairs in charge may be designated and changed.

Article 7 (Payment of Wages) (1) Wages during the trial period of Eul shall be paid 100% of the monthly wages agreed to be paid in cases where a contract for regular annual salary system is concluded.

According to the instant labor contract, the Defendant received KRW 4,761,37,510 as the monthly salary, from the Plaintiff on July 30, 2013, and KRW 10,098,880 as the monthly salary on August 31, 2013, and KRW 4,761,370 as the monthly salary on August 31, 2013.

The defendant worked until August 30, 2013 (Friday), but did not work from September 2, 2013 (Friday).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 9, and 12, and the purport of the whole pleadings.

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