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(영문) 수원지방법원 2017.10.26 2016가단34157
임금
Text

1. The Defendant’s KRW 20,378,430 as well as 5% per annum from January 1, 2014 to October 26, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 2, 2013, the Plaintiff and the Defendant concluded an employment contract (hereinafter “instant employment contract”) under which the Defendant, as a chief specialist of the management innovation researcher, decides to employ the Plaintiff as the Plaintiff as a management innovation researcher from January 1, 2013 to December 31, 2013 (hereinafter “instant employment contract”).

In the instant employment contract, the Plaintiff and the Defendant determined the Plaintiff’s salary of KRW 60 million as annual salary, and paid the said annual salary by dividing it into 1/12 on the 25th of each month, and paid the monthly salary by one-month payment as retirement allowance during one year’s continuous service.

B. In concluding the employment contract of this case, the Plaintiff and the Defendant concluded an employment contract of this case with the following purport: “The Plaintiff shall conduct the consulting from the Korea Credit Guarantee Fund at least KRW 78 million annually on the basis of the fee revenue amount (Provided, That it shall be considered that the number of consulting cases or other inevitable circumstances exist due to the circumstances of the Korea Credit Guarantee Fund)” and the Defendant’s “The amount of the annual revenue of the consulting fees entrusted by the Korea Credit Guarantee Fund and other receiving activities exceeds KRW 78 million,000,000 per annum as performance-based pay to the Plaintiff.”

C. During the employment contract period of the instant case, the Plaintiff provided consulting for 19 items received from the Korea Credit Guarantee Fund (total amount of KRW 58,500,000), and provided consulting for four other items (total amount of KRW 10,800,000).

From January 25, 2013 to February 24, 2014, the Defendant paid KRW 44,621,570 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, fact-finding results on the Credit Guarantee Fund of this Court, the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff's assertion that the defendant paid 2,45,180 won to the plaintiff under the employment contract of this case and retirement benefit of 5,000,000 won, food expenses of 1,320,000 won, and delivery expenses of 2,080,000 won, total of 30,855,180 won to the plaintiff at the time of retirement.

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