1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

1. In the first instance trial, the Plaintiff filed a claim for the payment of unpaid wages from January 1, 2016 to February 24, 2016 against the Defendant: (a) a claim for the return of unjust enrichment (a claim for the payment of the above amount in preliminary and selective tort with respect to the amount unfairly deducted from the Defendant’s wages); (b) a claim for payment of unpaid wages from January 1, 2016 to February 24, 2016

The court of the first instance rejected the plaintiff's claim for return of unjust profits during the hearing and partly accepted the conjunctive claim, ② the claim for unpaid wages and ③ the claim for retirement allowance, and subsequently dismissed the plaintiff's remaining claims.

Accordingly, the Defendant only appealed against the part of the judgment of the first instance against the Defendant, and thus, the subject of the judgment of this court is limited to ① preliminary claims and ② and ③ hearing parts among the Cheong-gu.

2. The reasoning for the court’s explanation on this part is as follows: (a) adding “business team members and members” to “Defendant” following the second instance judgment of the first instance court’s second instance court’s second instance judgment; (b) adding “business team members and members” to “the 12 conduct and 13 conduct of the fourth instance court’s fourth instance judgment’s second instance judgment’s second instance judgment; (c) there is no dispute; (d) changing the respective entries in evidence Nos. 1, 2, 4, 6, and 11 (including branch numbers; hereinafter the same shall apply); and (e) changing the whole purport of pleading to “the whole purport of pleading”; and (e) therefore, (e) see it as is in accordance with the main sentence of Article

3. The parties' assertion and judgment

A. The plaintiff's assertion is the defendant's employee who provided labor to the defendant in a subordinate relationship for the purpose of wages, such as under the defendant's direction and supervision in the course of performing

The defendant deducted 52,353,345 won in total from the wages to be paid to the plaintiff against the Labor Standards Act, such as reserves, payment fees, accident handling charges, shortage of the amount, reduction of the team leader's salary, etc. The amount so deducted constitutes unpaid wages.

In addition, from January 1, 2016 to February 24, 2016, the Defendant paid wages of 4,087,971 and retirement allowances of 15,940,848 to the Plaintiff.