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(영문) 부산지방법원서부지원 2020.07.14 2019가단103186
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) from March 1, 1989 to March 28, 2016, the Defendant Company was serving in the Defendant Company and received only KRW 1.5 million out of the monthly salary of KRW 1.8 million from the Defendant Company; (b) the remainder of the monthly salary of KRW 10.8 million (i.e., KRW 3 million x 12 months x 3 years x 3 years); (c) the bonus of KRW 8.1 million from March 1, 2013 to March 2016; and (d) the amount of KRW 78,980,366 from March 1, 2013 to March 2016, the Defendant Company is obligated to pay it to the Plaintiff.

B. The plaintiff asserted by the defendant company was employed by the defendant company from October 5, 1991 to February 29, 2016, which was established by the defendant company. The plaintiff's actual wages are not 1.8 million won per month reported to the competent tax office, but 1.5 million won per month specified in the employment contract. The plaintiff's retirement pay calculated in accordance with the employment rules of the defendant company is 36,591,780 won, and the defendant company paid a total of 60,348,760 won to the plaintiff as retirement pay, and on July 11, 2018, agreed not to issue the retirement pay any more between the plaintiff and the plaintiff.

2. Determination

A. In full view of the judgment on the unpaid monthly salary and bonus claim 1) Gap evidence 1-1-3, and the result of the commission to send each document to the Busan District Prosecutors' Office to the Busan District Prosecutors' Office, the defendant company may recognize the fact that the plaintiff actually paid 1.5 million won per month to the plaintiff while working in the defendant company, but the tax office having jurisdiction over the defendant company reported that the plaintiff was paid 1.8 million won per month to the plaintiff. However, the following circumstances, namely, the defendant company's employment contract (Evidence No. 3; hereinafter referred to as "the labor contract of this case") signed on August 1, 2003 between the plaintiff and the defendant company, taking into account the following circumstances, which can be seen by taking into account the overall purport of the entries and arguments in the evidence Nos. 1-13 and 13.

The plaintiff's salary is stated as KRW 1.5 million per month, and there is no evidence to deem that the plaintiff's salary was increased.

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