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(영문) 부산지방법원 2018.02.02 2017나46820
임금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff and the defendant as to the assertion emphasized or added in the trial of the court of first instance, and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The Plaintiff’s assertion and judgment that the Plaintiff agreed to pay bonuses equivalent to 200% of the actual receipt amount from June 21, 2010 to January 31, 2013, which are the period during which the Defendant did not prepare the labor contract, and thus, the Plaintiff asserts that bonuses equivalent to 16,164,383 won should be paid.

The testimony of the witness D of the first instance trial alone is insufficient to recognize the above assertion by the plaintiff, and there is no evidence to prove otherwise.

Rather, in full view of the purport of subparagraph 5-6 of the evidence No. 5-6 and the purport of the entire pleadings, the Plaintiff and the Defendant can only be recognized as having agreed to pay the bonus of 200% from February 1, 2013 when concluding the labor contract on February 1, 2013.

Therefore, the plaintiff's above assertion is without merit.

B. The Defendant’s assertion and determination 1) Defendant’s monthly salary from June 21, 2010 to July 20, 2013, from June 21, 2010 to July 20, 2013, 1.2 million won was the monthly salary from July 21, 2013 to December 20, 2014. In addition to the above monthly salary, the Defendant additionally agreed to pay the Plaintiff rent from June 21, 2010 to June 20, in addition to the above monthly salary, for the purpose of subsidizing the Plaintiff’s difficult life for women, the Defendant paid the Plaintiff KRW 1.4 million to the Plaintiff as the monthly rent from June 21, 201 to June 21, 2012, and the monthly rent from July 21, 2012 to December 21, 2000 to June 21, 2012.

Therefore, the above monthly salary and bonus are as follows.

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