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(영문) 서울동부지방법원 2019.02.28 2018가단104901
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,372,660 and the interest rate of KRW 15% per annum from August 23, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From December 1, 2004, the Plaintiff, from the construction site of the Defendant Company, managed the field as the site leader belonging to the headquarters at the construction site of the Defendant Company, and performed duties such as managing the subcontractor and managing the subcontractor.

B. The Plaintiff did not prepare a written labor contract with the Defendant Company and did not subscribe to the four-party insurance. However, from the Defendant Company C’s C site, the Plaintiff continued to provide labor on the job site, such as public order, Macheon, Military Automatic, Military Automatic, Funeral, Suwon, Audio, Visual, and Residential.

C. At the time of the Plaintiff’s entry, the representative director of the Defendant Company was the network D, but after D’s death on July 13, 2012, the two children’s network E was the representative director, making it difficult for the Defendant Company to manage the company, making it difficult for the Defendant Company to pay wages, and died on August 24, 2016.

The Defendant Company paid the Plaintiff a salary of KRW 1.8 million on the fifth day of each month to the Plaintiff, and paid the Plaintiff a salary of KRW 2 million from February 2, 2015.

In addition to the corporate account in the name of the Defendant Company, the Defendant Company deposited benefits in the name of G or H, which is the children of the network D, spouse F, and network D.

E. On July 13, 2012, E, the representative director of the Defendant Company, who was appointed as the representative director of the Defendant Company after his death on July 13, 2012, went through difficulties in managing the Company, and on November 5, 2013, paid 90,000 won out of the wages to be paid to the Plaintiff on November 5, 2013, and paid 90,000 won to the Plaintiff on December 5, 201 of the following month.

On June 2, 2014, the representative E of the Defendant Company paid 1.8 million won to the Plaintiff, and paid 5 million won on December 4, 2014.

The representative director E of the Defendant Company had the Plaintiff pay the Plaintiff KRW 2,00,000 per month in lieu of the annual salary as shown below, and the Plaintiff paid KRW 2,00,000 per month in lieu of the transfer transfer from the personal account of E.

The amount of monthly wage occurrence shall be the date of payment.

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