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The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim against the defendant as to the above cancellation part.
Reasons
1. Basic facts
A. On September 1, 2015, the Plaintiff entered into an employment contract with the Defendant (on an hourly basis). The written employment contract does not state the amount of the urgency, and at the time, the Plaintiff paid the said wage to the Defendant by oral agreement with the Defendant at KRW 125,000 per day with respect to the wage.
B. After that, the Plaintiff and the Defendant drafted a labor contract on November 1, 2016, and on the wages, the said contract contains the following descriptions:
Article 4(1) The Defendant’s wage shall be KRW 105,00 per day (ordinary pay: KRW 8,333), and the Defendant’s wage shall be determined by the agreement that all legal allowances and other payments are comprehensively included in the daily wage as follows: [Working Hours: KRW 08:0-18:00 (Regular Wage), KRW 08:00-17:0 ( Saturdays, Holidays)] per day divided, the total working hours of 8.0 hours per day and 1.6 hours and 2.6 hours and 12.6 hours per December, 6, 13, 32 won per day, and KRW 16,333 won per day, and the Defendant shall be paid KRW 105,000 per day, and KRW 10,000,000 per day, including the agreement on the payment of retirement allowances and 10:00 won per day.
(C) Around December 30, 2017, the Plaintiff filed a petition on the ground that he/she was not paid retirement allowances, etc. from the Plaintiff to the labor office. Around that time, the Plaintiff paid KRW 8,075,137 to the Defendant on February 9, 2018. [In the absence of any dispute over the grounds for recognition, i.e., evidence Nos. 5-1, 2, 3, 7, 7, 8, and 9, respectively, and the purport of the entire pleadings, as a whole.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s summary of the Plaintiff’s assertion agrees to pay the retirement allowance in advance by adding ten thousand won to the daily retirement allowance between the Defendant and the Defendant, and on December 30, 2017, from September 1, 2015 to December 30, 2017.