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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 9,253,100 and the amount of such KRW 9,253,10 with full payment from November 3, 2016.
Reasons
1. Basic facts common to the principal lawsuit and counterclaim;
A. On March 24, 2016, the Defendant operated the “Dart” in Gwangju Northern-gu C, and the Plaintiff drafted the following employment contract with the Defendant.
1. The term of a labor contract: from March 24, 2016;
2. Place of service: Northern-gu Seoul Special Metropolitan City C (DMaart).
3. Contents of business: Management, sale, and processing; and
4. Fixed working hours: From 9:00 p.m. to 17:00 p.m. (Recess hours: 12,000 p.m. to 13,000 p.m.).
5. Work days/Holidays: Every weekly holiday.
6. Bonuses (0) 1,500,000 won: the 22th day of each month.
8. Whether to apply social insurance: All applications of employment insurance, industrial accident insurance, national pension, and health insurance.
B. Around July 2016, the Defendant instructed the Plaintiff, who did not have the business of DNA, to suspend the transaction of meat.
However, in violation of its instructions, the Plaintiff received 6,183,190 won from F operating the meat wholesaler in the name of “E” with the name of “DE”, and entrusted G with the suspension of the meat supplied under the name of “DE”, and supplied H and I with the goods equivalent to KRW 9,253,100.
C. On July 26, 2016, the Defendant discontinued its business.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 13, and 15, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff entered into a labor contract on March 24, 2016. The term of the contract was one year and 3.5 million won per month (payment on July 24, 2016). The Plaintiff worked in the DNA set operated by the Defendant from March 24, 2016 to July 26, 2016. The Defendant suspended the Company’s own marina business on July 26, 2016 and unfairly dismissed the Plaintiff. This is an act in violation of Articles 23, 26, and 27 of the Labor Standards Act. Accordingly, the Defendant is the period of the Plaintiff’s failure to provide labor due to the unfair dismissal (from July 27, 2016 to March 23, 2017 to March 23, 2017).