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(영문) 부산지방법원 2020.11.20 2019나64525
약정금
Text

Of the judgment of the court of first instance, the part against the plaintiff corresponding to the order to pay below shall be revoked.

The defendant.

Reasons

1. In the employment as a contract worker for basic facts, the pay shall, in principle, be determined by mutual agreement;

Monthly salary payment (no bonus) shall be 18,000,000 won, and the salary shall be calculated from the first day of each month to the last day of the month, and shall be paid to the principal's account on the last day.

Income tax, local income tax, and four-year insurance based on the above amount paid by this hospital shall be borne by the hospital, and shall be recovered from the hospital at the time of the year-end settlement (including early retirement) refund.

On April 13, 2017, the Plaintiff entered into a labor contract between the Defendant and the period of work from May 1, 2017 to April 30, 2018, setting the amount of wages at KRW 18,00,000 per month at C Hospital run by the Defendant. However, the Plaintiff entered into a labor contract with the content that all taxes, etc. related to the payment should be borne by the Defendant (hereinafter “instant labor contract”). The details related to the payment are as follows.

B. From May 1, 2017 to April 8, 2018, the Plaintiff served as the director in charge of surgery in C Hospital from May 1, 2017.

C. The Defendant, as a withholding agent, withheld the Plaintiff’s monthly income from May 2, 2017 to February 2018, KRW 22,200,00, KRW 26,000, and KRW 6,800,000 for the monthly income of March 2018, and KRW 6,80,000 for the monthly income of April 2018 (the Defendant did not withhold the Plaintiff’s income tax for the year 2018, instead of collecting the Plaintiff’s income tax for the year 2017 from January 2, 2018 to February 2018; the Plaintiff’s income tax that was not withheld from January 2, 2018 to February 2, 208 to the Plaintiff’s existing income amount of KRW 18,00,000 for the payment of the Plaintiff’s income (one8,000,0000,000) to the National Tax Service around 36, 2018.

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