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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 93,277,950 as well as the full payment from March 5, 2016.
Reasons
1. Facts of recognition;
A. From July 8, 2008, the Plaintiff worked in the “Dan House” located in the 3th floor of the broad-time C building operated by the Defendant (hereinafter “Dan House”). On February 12, 2016, the Plaintiff submitted a resignation to the Defendant and served until February 13, 2016, and requested the Defendant to be in need of a temporary resignation, and worked in the instant hospital on February 17, 2016 and February 18, 2016.
B. The Defendant did not prepare a labor contract between the Plaintiff and the Plaintiff, and paid 7,888,800 won (the annual salary, including taxes and public charges, etc., was KRW 123,360,000) to the Defendant on the sixth day of each month to the Defendant’s share the monthly withheld taxes and public charges, and the fourth insurance principal charges, etc., and the Plaintiff received benefits from the Defendant until February 6, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2, the purport of the whole pleadings
2. Determination on the main claim
A. (1) The Plaintiff asserts that, since the Defendant was not paid 13 days’ benefits from February 6, 2016 to February 18, 2016, the Defendant is obligated to pay the unpaid benefits KRW 4,608,276 to the Plaintiff.
(2) According to the above facts, the Plaintiff was unable to receive the amount equivalent to nine days’ benefits and the amount equivalent to the amount of benefits paid on behalf of the Plaintiff during the period from February 7, 2016 to February 18, 2016. Thus, the Defendant is obligated to pay to the Plaintiff the amount of unpaid benefits, etc. of KRW 3,190,344 [the amount of annual salary = KRW 123,360,00 (the amount of taxes and public charges, etc. paid by the employer shall be deemed as wages of the worker in substance, and the amount of taxes and public charges, etc., which are not the actual amount of payment, shall be included in the amount of wages of the worker) ¡À12 months x 9/29, and the compensation for delay. The same shall apply hereinafter]
B. The Plaintiff’s annual allowance (1) refers to 52 days of annual paid leave, which occurred from the portion of 2013 to the portion of 2015 while working at the instant hospital.