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(영문) 창원지방법원 2014.11.27 2014나30494
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a person who actually operates a Do driving school which provides a supplementary learning to high school students in G at the time of a macroscoping (hereinafter “the Do driving school”).

B. Plaintiff A was employed from April 11, 2007 to October 10, 2012 by Plaintiff B, and from March 14, 2011 to October 12, 201 by Plaintiff B as an instructor.

C. Plaintiff A was in charge of the initial middle school education from around 2008, and was in charge of the high school education. With respect to the middle school education, Plaintiff A received the payment of KRW 3 million per month (2 million at the time of employment but thereafter increased) and the tuition fees paid by students were divided by 50% with the Defendant in relation to the high school education.

Plaintiff

B was paid KRW 2,200,000 per month in charge of Chinese science, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4 (including a tentative number), and the purport of the whole pleadings

2. Determination on Plaintiff A’s high-ranking allowance claim and Plaintiffs’ retirement allowance claim

A. Plaintiff A’s high school education claim 1) The judgment on the cause of the claim was based on the following: Plaintiff A and the Defendant agreed to divide 50% of the high school education fees by 50%; Defendant did not pay the amount equivalent to Plaintiff A’s portion of the tuition fees paid by the high school students from September 1, 2012 to October 10, 2012; Defendant did not pay the amount equivalent to Plaintiff A’s portion of the tuition fees paid by the high school students from September 11, 2012 to October 10, 2012; Defendant did not dispute between the parties, and Plaintiff A’s 2.7 million amount of the tuition fees for the first school year of high school corresponding to Plaintiff A’s share of KRW 750,00 as the Defendant’s total amount of the tuition fees for the third year of high school corresponding to Plaintiff A’s share of the tuition fees (Plaintiff A’s 3-year high school education amounted to KRW 1,500,000,000).

(A) The Defendant is the Defendant’s 3,450,000 won (=2,700,000 won and KRW 750,000) as the unpaid high-ranking allowance to Plaintiff A.

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