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(영문) 광주지방법원목포지원 2019.10.23 2018가단51073
부당이득금
Text

1. With respect to the Plaintiff (Counterclaim Defendant), Defendant D was 4,130,600 won, Defendant E was 7,391,400 won, and each of the said money.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company operating the vessel block manufacturing business, etc. The Defendants concluded an employment contract with the Plaintiff and performed the work of contact and thought.

Since Defendant D and E are sentenced to a confession judgment, they are examined only for Defendant B and C below.

B. On June 8, 2016, the Plaintiff entered into an employment contract and wage payment method (1) with Defendant B on June 8, 2016, and the employment contract written at the time is indicated as follows.

Article 4 (Income) 1) B (Defendant B) shall be determined by daily wage (daily wage) 105,000, and the daily wage (class) shall include all allowances, retirement allowances, labor expenses, and all other payments as follows: (a) the basic class fixed OT (1H) holiday allowance, holiday allowance, annual allowance, and other Defendant B shall provide an explanation that “(B) is included in the salary for the day (15,000)” at the time of the preparation of the above employment contract. Meanwhile, the Defendant B shall provide an explanation that “The (B) is included in the salary for the day (115,000 won).” In addition, the above employment contract and agreement are different from the above employment contract and agreement; (b) the same shall apply hereinafter:

(2) On November 1, 2016, the Plaintiff and Defendant B prepared a written employment contract reflecting that daily allowances are reduced by KRW 125,000,000. The said written employment contract contains the following descriptions as to the wage. Article 4 (1) B (Defendant B) of this Act (the daily wage is KRW 105,000 (ordinary wage: KRW 8,333), and the daily wage is determined by agreement that all statutory allowances and other payments are comprehensively included in the daily wage as follows. The daily wage is divided into 8.0 hours, 6.0 hours, 1.0 hours, 2.6 hours, 1.0 hours, 62, 32, 328, 333, 13636, 1636, 167, 16.

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