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(영문) 서울중앙지방법원 2018.05.03 2017가단102516
임금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 11,910,722 to the Plaintiff (Counterclaim Defendant) and its payment from March 25, 2017 to May 3, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The defendant, as a certified judicial scrivener, is operating a certified judicial scrivener office by employing three office chiefs E, etc. in Seocho-gu Seoul Metropolitan Government C Building D.

B. On July 10, 2012, the Defendant employed the Plaintiff on the condition that the Plaintiff pay 800,000 won at the last day of each month as salary. Accordingly, the Plaintiff served in the said certified judicial scrivener office until January 31, 2017, and received or received various documents, etc. from the court, registry, and bank.

However, unlike the above three persons, the defendant granted a certificate of employment or power of attorney, etc. at that time without registering the plaintiff as a certified judicial scrivener office.

【Fact-finding without dispute over the basis of recognition, Gap 1-6 (including additional number), Eul 1-1, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The plaintiff's assertion was that the plaintiff did not receive 7.9 million won when working in the above certified judicial scrivener office, and was 11,66,666 won in the calculation of the retirement allowance of 11,46,00 won for 14 years and 7 months, and was governed by the plaintiff's argument.

Since the defendant did not receive the rate of 11,200,000 won [11,200,000 won x 14) 466,666 won (80,000 won x 7/12)], he asserts that the defendant is liable to pay the sum of the above wages and retirement allowances 19,36,00 won.

In regard to this, the defendant paid all the benefits corresponding to the above period of service to the defendant, and even if not, the unpaid benefits claimed by the plaintiff were paid from October 2009 to September 2010, and the period of extinctive prescription has expired already. Furthermore, the plaintiff merely paid 80,000 won per month to the defendant's office and the temporary worker's office, which is not the employee of the certified judicial scrivener office, as the temporary worker's day of service, which merely allows the plaintiff to pay 80,000 won per month by the plaintiff's office and the defendant's name.

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