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(영문) 울산지방법원 2015.11.19 2015나953
임금 등
Text

1.The part of the judgment of the first instance, including the claims expanded in the trial, shall be modified as follows:

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.

Luxembourg The Defendant agreed to pay the Plaintiff the amount calculated by deducting the membership fees and four premiums from the amount equivalent to the 1/2 of the fees for certified judicial scrivener in the case that the Plaintiff accepted each month, as the wages for June 2010, the wages for the month of July 9, 2010, August 10, 2010, and August 10, 2010.

Article 7,482,210 of the Plaintiff’s wages for June and July 2010 as above (11,153,355 of the amount equivalent to 1/2 of the fees for a certified judicial scrivener paid by the Defendant to the Plaintiff 393,00 of the fees for a certified judicial scrivener association - 423,320 of the 4th insurance premium paid by the Plaintiff 2,854,825 of the fees for a certified judicial scrivener directly received by the Plaintiff). The amount equivalent to 1/2 of the fees for a certified judicial scrivener paid by the Plaintiff 6,887,540 of the wages for August 2010 (7,819,275 won among the fees for a certified judicial scrivener paid by the Defendant 7,267,275 won among the fees for a certified judicial scrivener paid by the Defendant 267,200-3,2320-1,241,251 of the fees for a certified judicial scrivener directly paid by the Plaintiff 24.

[Based on the facts without dispute, Gap's evidence Nos. 1 through 11 (including each number), Eul's evidence Nos. 27, and the purport of the whole pleadings). The defendant has a duty to pay the plaintiff wages of 14,369,750 won (=7,482,210 won + 6,87,540 won + delay damages) and its delay damages, barring any special circumstance. 2) The defendant's defense is proved to have extinguished by the statute of limitations for wage claims of June and July 2010. Thus, the defendant's above statute of limitations for wage claims against the plaintiff against the defendant was three years in accordance with Article 49 of the Labor Standards Act. The maturity period for wage claims of June 2010 is July 9, 2010 and July 2010.

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