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(영문) 서울서부지방법원 2015.05.07 2015나30101
임금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On July 23, 2011, the Plaintiff agreed to receive remuneration of KRW 4 million each month between the Defendant and serve as the Secretary General of the Defendant; the Plaintiff served as the Defendant’s Secretary General from July 25, 201 to December 2012; the Defendant paid 4 million won each as remuneration to the Plaintiff on August 25, 2011 and September 2011; however, the fact that only KRW 2 million each month was paid is not disputed between the parties, or that the Plaintiff paid only KRW 2 million each month on September 201 can be acknowledged in full view of the entire purport of the pleadings in the statement in subparagraph 1.

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion (1) asserts that the Defendant is liable to pay 30 million won (2 million won x 15 months) of unpaid monthly remuneration (2 million won) to the Plaintiff, on the grounds that the Plaintiff received 4 million won out of 15 months from September 25, 2011 to December 24, 2012 as monthly remuneration. As such, the Defendant asserts that the Plaintiff is liable to pay 15 months’ unpaid remuneration to the Plaintiff.

(2) As to this, the Defendant asserts that the Defendant’s bonus of KRW 2 million, which was not paid monthly to the Plaintiff, is not a final payment, but a performance payment that was made on the condition that the Defendant would incur a balance due to the Plaintiff’s receipt and effort, and that the Defendant could not accept the Plaintiff’s claim on the grounds that the Plaintiff’s receipt and effort were incurred during the actual work period, and there was no shortage

B. If evidence as mentioned above is added to Eul evidence Nos. 1, 3, and 4, the plaintiff agreed with the defendant at the time of the above agreement that "the defendant shall pay 4 million won per month to the plaintiff for a period of one year from July 25, 201 to the Director General's service, and two million won among them shall be paid every 25 million won, and the remaining two million won shall be paid every month at the same rate as monthly or quarterly, and the remuneration shall be re-convened at the same rate after one year exists." The plaintiff again between the defendant and the defendant around August 16, 2012 after the above agreement term expires.

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