logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.19 2017나82897
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On December 3, 2015, the Plaintiff entered into an annual salary employment contract with the Defendant with the following terms (hereinafter “instant annual salary employment contract”), and worked for the Defendant from December 3, 2015 to September 2016.

1. Wages: The annual salary amount for the total contract: 40,000,000 won (f.g., KRW 14,000) out of the above amounts (f.g., KRW 14,000,000) shall be paid as salaries. 2) out of the above amounts (f.g., KRW 12,00,000 out of the above amounts (f.g., KRW 12,00,000) shall be paid as the expenses (f.

3) Of the above amounts, 14,000,000 won (one million won) will be settled through work performance after one year of the contract period. 2. The interim settlement of retirement pay 1) shall be paid only to a person who has worked for not less than one year.

2) Ordinary wages shall be the 1-1) annual basic amount equal to 1/12 of that annual basic amount.

3) Performance-based bonuses shall be paid according to a separate agreement based on performance. 3. Payment method: Ordinary wages shall be 12 minutes out of the amount, and an amount equivalent to 1/12 of the monthly amount shall be paid. 4. Payment date: The 1st day of the following month, counting from the 1st day of each month, shall be paid on the 30th day of each month. (b) The Plaintiff was issued with a corporate card with a monthly limit of KRW 1 million from the Defendant on December 11, 2015, and used the corporate card with a total of KRW 3,260,180 until March 29, 2016, and returned the said corporate card to the Defendant on June 29, 2016. 【The fact that there is no dispute over recognition, Gap 1, 2, 5 through 8, and the purport of the entire pleadings, and the purport of the whole pleadings as to the evidence in subparagraphs 3 through 6.

2. Summary of the parties' arguments

A. The Plaintiff asserted that he/she worked for the Defendant from December 3, 2015 to September 2016. From January 2016, the Defendant’s management conditions have deteriorated, and thus, the Plaintiff was subsequently paid an allowance of KRW 1,00,000, under the pretext of the expense equivalent to the KRW 1,000,000, to be paid monthly by the corporate card and used it as an individual expense.

Therefore, the defendant is paid 9 million won in the name of the expenses for nine months payable to the plaintiff (=1 million won x 9 months).

arrow