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1. The Defendant shall pay to the Plaintiff KRW 5,868,125 and the interest rate of KRW 15% per annum from January 1, 2017 to the date of complete payment.
Reasons
1. The Plaintiff’s assertion has overall control over the Defendant’s affairs since the establishment of the Defendant as the chief of the management department. C, the chief of the board of directors, on November 15, 2016, issued the Plaintiff as the head of the horizontal tree collection source, who is an employee of the horse group, and did not pay benefits from November 16, 2016 to December 31, 2016.
The defendant shall pay 6,126,285 won (4,084,190 won per month received before the above period x 1.5 months) in total for the above period.
2. Determination
A. From March 6, 2015 established by the Defendant, the Plaintiff was employed as the Defendant’s employee and the labor contract terminated on December 31, 2016. The Defendant did not pay the Plaintiff the benefits for the period from November 16, 2016 to December 31, 2016. The Plaintiff received KRW 4,084,190, which deducts the total amount of KRW 715,810 from the total amount of salaries paid for the same month from June 2016 to October 31, 2016 (the deduction amount is somewhat different from the monthly salary amount of KRW 766,902, but this is not disputed or it can be acknowledged as a whole in accordance with the purport of oral proceedings as a whole.
B. The Defendant appears to the effect that the Plaintiff did not actually work during the period from November 16, 2016 to December 31, 2016, but there is no specific assertion or proof as to this.
In addition, since the Plaintiff’s assignment to the position of the head of the management division was changed from the head of the management division to the horizontal tree collection source (Evidence A 23), there seems to be no evidence that the amount of benefits changed accordingly, it can be acknowledged that the Defendant is liable to pay the Plaintiff the same amount of benefits as the delivery in relation to the above period.
C. Accordingly, the Defendant’s wage to be paid for the above period is KRW 5,868,125.
(1) Following (2) - (3). (1) The amount of monthly salary paid based on the previous salary: 4,033,098 won [11] and other deductions are 50,092 won. (2) The amount of monthly salary paid based on the previous salary: 4,084.