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(영문) 수원지방법원 2015.09.18 2015가합60033
체불임금 청구 등
Text

1. The defendant,

A. The Plaintiff A’s KRW 136,712,00 per annum from November 8, 2014 to July 16, 2015; and

Reasons

1. Basic facts

A. From March 2, 2011 to October 24, 2014, Plaintiff A served as the head of the hospital operated by the Defendant (hereinafter “Defendant hospital”).

B. From January 2, 2014 to October 18, 2014, Plaintiff B served as the chief of the examination and treatment division in the Defendant hospital.

C. On March 3, 2015, Plaintiff A filed an application with the Central District Employment and Labor Office for demanding confirmation of the existence of the amount in arrears with the Defendant, and on March 3, 2015, the labor inspector conducted an investigation into the Defendant, the Plaintiff A drafted a confirmation source of the amount in arrears with the purport that the Plaintiff was not paid the amount of KRW 117,680,580, totaling KRW 117,680,580,000 from the Defendant.

On the other hand, on February 13, 2015, when the instant lawsuit was pending, the rehabilitation procedure was commenced against the Defendant by this court 2015dan10010, and in the instant rehabilitation case, the Defendant was regarded as the custodian without a separate custodian.

[Reasons for Recognition] Unsatisfy, Gap evidence 7, 9, Eul evidence 1-1, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The Plaintiff asserted that ① the monthly salary of KRW 19,80,000 from the Defendant (i.e., monthly salary of KRW 19,000,000; KRW 7,200,000; KRW 19,000; KRW 19,000; KRW 19,000,000 for October 2014; KRW 49,880,000,000 for retirement pay; ② retirement allowance of KRW 67,00,00; ③ from January 2014 to August 2014; and ③ KRW 35,512,00,00 for the total amount of incentives on October 2014; the Defendant is obligated to pay the Plaintiff the said unpaid wage, retirement allowance of KRW 152,312,00,00, less the Plaintiff’s paid damages for delay from the Defendant.

B. As to the plaintiff A’s assertion that the monthly salary is KRW 19 million, the defendant asserts that the monthly salary is KRW 16 million as stated in the employment contract with the plaintiff A.

The purpose of the argument is to examine the above facts and evidence.

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