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1. The Defendant (Counterclaim Plaintiff) paid KRW 28,474,177 to the Plaintiff (Counterclaim Defendant) and its amount from January 30, 2018 to May 26, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The defendant is a company engaged in building work business, civil engineering work business, etc.
B. On March 2, 2016, the Plaintiff entered into an employment contract (hereinafter “instant employment contract”) with the Defendant with the following content (only the content related to the instant case) (hereinafter “instant employment contract”).
3. Details: Field Director; and
4. Fixed working hours: 09:00 to 18:00 (Recess hours between 12:00 to 13:00).
5. Work day/Holiday: From sunrise to Friday (Korean border holiday).
6. Wages: 3,500,000 won per month (or provision in kind).
7. Subsidy: (A subsidy for vehicle maintenance and telecommunication fee separate: 500,000 won per month) - includes bonuses and allowances;
8. Annual paid leave - Annual paid leave shall be granted in accordance with the Labor Standards Act.
C. According to the instant employment contract, the Plaintiff, as a field manager, was in charge of the management of the construction site of the Suwon-gu public announcement center located in Suwon-gu, Suwon-si, and multi-household housing construction site located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to June 16, 2017, pursuant to the instant employment contract.
The amount of paid monthly wages for March 2016, 3,503,540 3,503,503,540 3,503,540 00 2016 for April 3, 2016, 3,503,50 3,603,863,863,603,50 for May 3, 2016, 306,30,360,363,503,50,540 for May 3, 2016, 207, 306,30,306,30,503,50,540 for May 3, 2016, 207, 306,36,306,306,300,305,306,305,503,503,5040, 2016.
D. The Plaintiff received from the Defendant the amount obtained by deducting the wage and salary income tax and the four premiums from the amount of KRW 4,000,000 (i.e., the basic wage of KRW 3,500,000, the amount of KRW 200,000, the amount of KRW 200,000, the amount of KRW 100,000, as indicated below) as the wage, from the Defendant, as the wage for October 2016.