beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 26,400,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 14, 2016 to November 20, 2017.
Reasons
1. The Plaintiff’s basic fact: (a) determined that the Plaintiff was paid KRW 12,00,000 per month to the internal doctor of the C Hospital operated by the Defendant (hereinafter “instant hospital”); and (b) worked from July 13, 2016 to October 18, 2016; and (c) the Defendant on September 1, 2016 to the Plaintiff;
9.2. The payment of a sum of KRW 12,00,000 is not in dispute between the parties concerned, or it may be recognized by adding up the whole purport of the pleadings to each entry in evidence Nos. 1 and 1.
2. Determination on the main claim
A. The Plaintiff’s non-paid benefits amounted to KRW 30,00,000, and did not provide the accommodation promised by the Defendant, and assault the Plaintiff by using violent vessels, and damaged the Plaintiff’s automobile, etc., and seek reimbursement of KRW 10,000,000 for unpaid benefits and consolation money.
B. As the Defendant is a person who calculates wages on the basis of the service on the 30th day of each month, the Plaintiff’s total salary of KRW 38,400,00 during the Plaintiff’s service period (= KRW 36,000 per month = KRW 12,00,000 per month + KRW 3 months 】 2,400,000 per month = 6,000/30 per month 】 6 days (from October 13, 2016 to October 18, 2016) 】 12,00,000 out of the above salary paid KRW 26,40,000 among the above salary, the Defendant is obligated to pay the Plaintiff (=38,40,000,000 - KRW 12,000,000) and delay damages thereon.
The Defendant promised to provide the Plaintiff with accommodation.
There is no evidence to acknowledge that the act of assaulting the plaintiff and damaging the plaintiff's automobile, etc. by mobilization of violence or violence.
Therefore, the defendant is obligated to pay to the plaintiff 26,40,000 won and damages for delay calculated by 15% per annum under the Civil Act until November 20, 2017, which is reasonable to dispute over the existence and scope of the defendant's performance obligation, as requested by the plaintiff from December 14, 2016, which is the day after the delivery of a copy of the complaint of this case, as requested by the plaintiff.