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1. The defendant shall pay to the plaintiff KRW 37,271,960 and KRW 33,006,610 among them, from January 15, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant was engaged in a general restaurant business with the trade name “D” in the Northern-gu, Northern-si, and the Plaintiff was employed by the Defendant on April 20, 2013 and retired from office until December 31, 2015 at the said place of business.
B. The Defendant did not pay the Plaintiff the amount of KRW 1.4 million out of the wage for February 2015, and KRW 25 million from March 2015 to December 2015 (=2.5 million x 10 months) plus KRW 26.4 million, retirement allowance of KRW 606,610 (2.5 million x 92 days ± 30 days ± (986 days ± 365 days), and less than KRW 365 days) 】 (30 days) 】 (30 days ± 365 days ± 365 days). The Defendant had been entrusted the operation of the said workplace to the Plaintiff on June 2014. The Plaintiff employed six workers, including E, from around that time, and thereafter, the Plaintiff did not have any dispute over the total amount of KRW 31 to October 31, 2014; the Defendant’s evidence 1 to 3614, 2014 through 14, and the Defendant’s evidence 15.
2. The Plaintiff sought payment of a total of 39,235,085 won of wages and retirement allowances calculated on the premise that monthly salary is KRW 3 million. However, as seen in the above recognition, it is reasonable to view that the Plaintiff’s monthly salary is KRW 2.5 million as seen in the above recognition.
Therefore, according to the above facts, the defendant paid the plaintiff wages of 3,06,610 won in total (26,40,000 won) and the above loans (265,610 won in total with the delegation of the defendant and the above loans of 37,271,960 won in total (33,06,610 won in total and 43,006,610 won in total and 33,006,610 won in total and 610 won in total) and the above loans of 4,265,300 won in total (it can be deemed that the plaintiff loaned the above amount to the defendant) and 33,006,610 won in total from January 15, 2016 to the date of full payment, and damages for delay in loans of 4,265,300 won in total and 33,06,610 won in total.