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Reasons
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(영문) 서울서부지방법원 2018.11.02 2018나33897
임금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From October 13, 2014 to October 12, 2016, the Plaintiff retired from office as a facility engineer of the Btel operated and managed by the Defendant managing body.

B. From 09:00 to 09:00 the following day, the Plaintiff worked on a 24-hour basis and worked on a 24-hour basis, and the rest hours were 10 hours a day, i.e., medium-term one hour (from 12:0 to 13:00), 1 hours a tin-time one (from 18:0 to 19:00), 8 hours a night-time one (from 2:00 to 06:0).

C. The Plaintiff’s monthly salary was KRW 1,550,000 for 2014, KRW 1,650,000 for 2015, and KRW 1,750,00 for 2016.

Article 4 (Comprehensive Wage) Basic Wage (monthly) 1,481,481 means of night (monthly) 103,704 annual salary of KRW 64,815 (monthly) : 21,000 annual salary of KRW 64,815 (monthly): Company shall pay basic pay, night allowance, and annual salary of KRW 1,000: 20,000 per month; 1,750,000 per month; Company shall pay basic pay; 5 (Flexible working hours and recess hours): 09:0 to 00 to 00: Work hours of day duty: 12:00-13:000 daily paid hours; 18:0-19:00 (Dumtime) ; 220-20-40:20-20-40 (timetime).

D. On August 10, 2016, the Plaintiff drafted an employment contract with the Defendant with the following content (hereinafter “instant employment contract”).

[Ground of recognition] Facts without dispute, Eul evidence Nos. 4, 7, Eul evidence No. 8-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff sought payment of KRW 26,373,860,00 for the total of KRW 24,67,50 for overtime allowances and the total of KRW 1,706,360 for unpaid retirement allowances calculated including the above overtime allowances, and KRW 26,373,860 for non-paid retirement allowances calculated including the above overtime allowances, even though the Plaintiff agreed to pay 50% of ordinary wages in addition to overtime, night work, or holiday work.

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