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(영문) 창원지방법원 2018.09.20 2017나54545
임금등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a company that employs six full-time workers and operates a wood sub-market and other red-trial manufacturing business. The Plaintiff was employed from October 7, 2014 by the Defendant and provided labor at the Defendant’s workplace.

B. On October 7, 2014, at the time of joining the Defendant, the Plaintiff prepared an employment contract with the Defendant with the following content:

(hereinafter referred to as “instant employment contract”): From October 7, 2014, the employment period of the Plaintiff: The details of the duties of the manager employed after the production experience: 8:0: 00 p.m. to 30 a.m.: 8: 00 p.m. for hours of production management and business management: 10 p.m. for hours of recess: 10 p.m. for hours other than Sundays, and on a designated day of October 7, 2014, the annual salary system of 250,000 won for the day other than Sundays: The employee (person) is the Plaintiff (person).

C. On October 28, 2015, the Plaintiff filed a petition with the Busan Regional Labor Agency on the overdue wage and retirement pay, and the labor inspector prepared a written confirmation of the business owner with respect to the overdue wage, etc. (hereinafter “the instant written confirmation”) to verify the overdue wage, etc., of the total amount of KRW 8,348,784, which was June 7, 2016 (i.e., wages of KRW 4,585,964, annual retirement pay of KRW 2,57,487, and annual retirement pay of KRW 875,904, and other money and valuables of KRW 309,429).

On June 21, 2016, the Defendant deposited 8,339,660 won in gold 2184,000 won in this court as the principal deposit, and on June 21, 2016, the public prosecutor in charge of the original public prosecutor's office of the original public prosecutor's office issued a disposition of suspending indictment against the accused case, such as the Defendant's representative director C

(No. 2016 type 17658). e.

On July 5, 2016, the Plaintiff reserved and received the Defendant’s deposit money of KRW 8,348,784.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s assertion is wages that occurred during the period of service from the Defendant.

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