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(영문) 서울동부지방법원 2015.07.22 2014나23203
성과급
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 40,700,618 and KRW 30,90,618 among them.

Reasons

1. Basic facts

A. The Defendant received from C Co., Ltd. (hereinafter “Co., Ltd.”) a supply of and demand for the D Factory Renovation Project (hereinafter “C”) from D Co., Ltd. (hereinafter “Co., Ltd.) (hereinafter “Co., Ltd.”) to indicate as above for convenience as follows, since it is unclear whether it is a Algeria SOTRACH corporation, or an institution, but it is irrelevant to the issues, and thus, it is not related to the issues. On August 16, 2012, the Defendant employed the Plaintiff as the head of the public service division at D Co., Ltd. (hereinafter “instant construction site”). On August 16, 2012, the Plaintiff was paid KRW 6,154,00 (the amount included in both of the daily living subsidies received in local currency equivalent to KRW 200,

(2) On August 201, 2013, the Plaintiff entered into a contract with the Defendant to work as the head of a public service department who performs the same duties as the primary contract at the instant construction site under the primary contract (hereinafter “the primary contract”) and the main contents thereof are as follows.

Benefits: Monthly salary of KRW 7 million, monthly salary of KRW 7 million, bonuses and legal allowances shall be included in the monthly salary, and in principle, they shall be deposited into the bank account of the principal after collecting taxes, public charges, and four major insurance premiums.

The term of a labor contract: It shall be two months from the date of departure from the construction site of this case, and if it is necessary to extend the period, it may be extended without changing the terms

Working conditions: The working hours shall be based on ten hours a day and six days a week, and overtime and holiday work shall be implemented in compliance with the field conditions, but no separate allowance shall be paid to employees excluding daily workers.

1. Incentives: MVR Monthly Vole Restatement and monthly statement.

hereinafter referred to as “MVR” only.

Then, 2% incentives shall be provided for the portion approved by submitting additional MVRs.

(2) The number of persons to be dispatched overseas by the defendant upon ordering construction works.

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