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(영문) 대구지방법원 2017.03.15 2016나9122
임금등
Text

1. Of the judgment of the first instance, KRW 3,476,320 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from May 31, 2014.

Reasons

A. The cost shall be borne (Article 7), and the management fee seems to have been agreed to be deducted from the Plaintiff’s salary (Article 4(3));

The Plaintiff resided in the room offered by the Defendant until June 4, 2014, and the Defendant’s payment of KRW 58,900 among health insurance premiums on behalf of the Plaintiff, and KRW 90,000 among the national pension. According to the instant employment contract, the Plaintiff agreed to provide the Plaintiff with free accommodation. However, as seen earlier, the Plaintiff only worked until May 16, 2014. As such, from May 17, 2014 to June 4, 2014, the period for which the Defendant had resided in the room offered by the Defendant while the Plaintiff was working for the Defendant. As such, the amount calculated from May 17, 2014, from May 17, 2014, to June 4, 2014, the Defendant’s room fee of KRW 214,516, the Plaintiff’s completion of work, calculated on May 17, 2014 to June 4, 2014.

[The Plaintiff is obligated to pay to the Defendant 693,766 won (=30,350 won) (=214,516 won) and to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until March 15, 2017, which is the date following the delivery date of the duplicate of the counterclaim in this case, where it is deemed reasonable for the Plaintiff to dispute as to the existence or scope of the obligation, from December 17, 2016 to December 15, 2017, which is the date of the final judgment of the court, to March 15, 2017, and from the next day to the day of full payment, the Plaintiff is obligated to pay damages for delay calculated at the rate of 693,766 won per annum.

[Defendant asserts that the Plaintiff is obligated to pay to the Defendant, since he did not organize the studio in which the Plaintiff resided and paid labor cost of KRW 200,000 to the studio, the Plaintiff is obligated to pay it to the Defendant. However, according to each entry in the 3, 9, and 10 certificate (including the studio number, the above cost is deemed to have been used as the cost of treating the studio furniture or garbage.

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