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Reasons
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(영문) 광주지방법원 2017.05.12 2016가단35272
노임 등
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1. The Defendant shall pay KRW 35,125,00 to the Plaintiff the annual rate of KRW 15% from October 8, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On June 28, 2014, the Defendant: (a) entrusted the Plaintiff with the field construction and management of D Housing Construction on the land outside C and one parcel of land (hereinafter “instant construction”); (b) agreed to pay KRW 5,500,000,000 per month salary and KRW 5,500,000; and (c) the Plaintiff was from July 1, 2014 to October 15, 2015.

B. On November 7, 2015, the Plaintiff and the Defendant agreed to change the Plaintiff’s salary from monthly wage to daily wage, and set the amount as KRW 2.50,000 per day. The Plaintiff worked half-day during the period from November 7, 2015 to December 8, 2015.

C. The Defendant, on November 13, 2015 and December 17, 2015, sent a total of KRW 2 million to the Plaintiff as wages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 85,250,000 (= KRW 5.5 million x 15.5 months x 15.5 months) a sum of KRW 5,125,00 per day from July 2014 to October 2015 to December 8, 2015 (= KRW 2.50,000 x 2.55,190 x 20.5 days), and the Plaintiff received KRW 55,190,00 among them. Thus, the Defendant is obligated to pay the Plaintiff a total of KRW 35,185,00,000, which is the difference (=90,375,000 - 5,005,0050 - 5,0000,000 won and delay damages from the following day to the date of complete payment, 2015.

3. Judgment on the defendant's defense, etc.

A. As the Plaintiff asserted by the Defendant was absent from office from August 11, 2014 to August 28, 2014, the Plaintiff’s total amount of wages is limited to KRW 82,50,000 for 15 months, and the said amount should be deducted as the Plaintiff paid KRW 59,20,000 among them. On November 7, 2015, the amount of wages after the change of the benefit system to daily wage was paid.

Therefore, it is true.

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