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1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 66,344,067 won and 667 won.
Reasons
1. The court's explanation on this case is identical to the statement of the first instance judgment, except for the following parts: Nos. 4, 16, 5, and 15 of the written judgment of the court of first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. The Plaintiff’s assertion on the unpaid annual leave allowance claim 1) was that the Plaintiff did not use the annual leave on September 2009 and January 5, 2010. The Plaintiff’s ordinary wage during this period is 64,525 won at a time [13,485,610 won (monthly wage)] ± 209 hours, and daily salary 516,200 (=64,525 won x 8 hours). Thus, annual leave allowance is 5,420,100 won (=516,200 won x 516,200 x 9 days x 516,200 x 1.5 days). The Plaintiff’s assertion on the annual leave allowance is that if the Defendant deducts the annual leave allowance paid to the Plaintiff voluntarily, the Defendant’s annual leave allowance is 2,574 and 364 won that should not be calculated based on the Defendant’s annual wage calculation.
In addition, the Plaintiff’s monthly wage of KRW 11,50,000 is composed of KRW 7,079,529, bonuses of KRW 3,539,764, and overtime allowances of KRW 880,707. Of these, bonuses are paid 600 per annum of the basic salary for 12 months, and thus, it does not constitute ordinary wages, and overtime allowances are calculated based on ordinary wages, and it does not constitute ordinary wages, and thus should be excluded from the calculation of ordinary wages.
Therefore, the Plaintiff’s ordinary wage during the above period is about KRW 33,373 (=7,079,529 (basic wage) ± 209 hours). The Plaintiff’s ordinary wage during the above period is about KRW 270,987 (=33,373 won x 8 hours). Thus, annual leave allowance is about KRW 2,845,364 (==270,987 won x 270,987 won x 270,987 won x 5 days). The Defendant paid in full.
2) Whether certain wages belong to ordinary wages are money and valuables paid to workers as remuneration for contractual work.