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(영문) 울산지방법원 2015.01.14 2013가단24954
임금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,369,750 to the Plaintiff (Counterclaim Defendant) and its payment from November 6, 2014 to the date of full payment.

Reasons

1. Determination on the main claim

A. (1) The defendant, as a certified judicial scrivener, employed the plaintiff as a clerk from June 14, 2010 to August 30, 2010 while operating a certified judicial scrivener office.

See The Defendant agreed to pay 1/2 of the total fees of the cases that the Plaintiff accepted each month in relation to the Plaintiff’s wages after subtracting the public charges of taxes from the total fees of the cases that the Plaintiff accepted.

(However, as for June 2010, the number of working days was less than one month, and the settlement was to be made on August 31, 2010, along with July 2010.) The Plaintiff’s wage for June 2010 and the monthly wage for July 7, 2010, calculated as above, shall be 7,482,210 won (the amount corresponding to 1/2 of the fees for certified judicial scrivener paid to the Defendant, 11,153,35 - the amount corresponding to 1/2 of the fees for certified judicial scrivener paid to the Plaintiff 393,00-1,320-Plaintiff’s fee for the four-three-three,320-Plaintiff’s fee for the certified judicial scrivener directly paid to the Plaintiff, the amount equivalent to 1/2 of the fees for certified judicial scrivener paid to the Plaintiff 2,854,87,540 won for August 20, 2010.

[Ground for recognition] The defendant is obligated to pay the plaintiff wages of 14,369,750 won (7,482,210 won +6,887,540 won) as well as damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from November 6, 2014 to the date of full payment, after serving a written application for modification of the purport of the claim and the supplementary reasons thereof, on October 30, 2014. 2) Since the judgment of the defendant as to the defendant's assertion agreed that the defendant shall make a settlement of wages at the beginning of the month following the month in which the defendant asserted and worked with the plaintiff, the wages of June 2010 shall be paid at the beginning of July 2010.

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