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(영문) 의정부지방법원고양지원 2019.02.08 2018가단1141
임금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 24,023,905 to the Plaintiff (Counterclaim Defendant) and its payment from May 9, 2017 to the date of full payment.

Reasons

1. As to the main claim of this case

A. (i) The Plaintiff, under employment of the Defendant Company, provided labor from November 1, 2012 to April 24, 2017.

On December 26, 2017, the Plaintiff filed an application for confirmation of overdue wage, etc. with the Goyang-si Office of the Central Employment and Labor Agency, and accordingly, on December 26, 2017, the head of the Central Labor Agency of the Central Regional Employment and Labor Agency issued a business owner’s confirmation letter of overdue wage, etc., stating that the Defendant had paid a total of KRW 30,825,245 wages and retirement allowances as follows.

(1) Retirement allowances of 13,001,359 won (2) 17,823,886 won (=2,320,536 won on April 2, 2017 + 3,90,670 won on March 3, 2017 + + 2,900,670 won on February 2, 2017 + 2,900,670 won on January 2, 2017 + 3,801,340 won on December 3, 2016 + 1,00,000,000 won on September 1, 2016 + 1,00,000 won on June 1, 2016) + 1,000,000 won on which there is no ground for recognition under subparagraph 1, 1,000,000 won on the whole pleadings.

B. (i) The Plaintiff’s establishment of wage claims, etc.

The defendant asserts that he/she claimed the payment of the sum of the wages and retirement allowances as stated in the Sheet, 30,825,245 won, and damages for delay thereof (i.e., wages of 13,823,886 won (=2,801,340 won on December 2, 2016 + + KRW 2,900,670 on February 2, 2017 + + KRW 2,900,670 on March 2, 2017 + KRW 2,90,670 on April 2, 2017 + KRW 320,536 won on April 4, 2017), KRW 200,000 on bonuses (= KRW 1,00,000 on bonuses of 4 years, 200,000 on bonuses of 1,017; KRW 381,301,2040 on bonuses of 201,3014.6).4

In this regard, the plaintiff asserts that the above wage amount includes one million won as bonus paid in three-month unit (one million won per quarter) (the difference between the plaintiff and the defendant is whether the total amount of the bonus unpaid is 4 million won or not) and therefore, the plaintiff's statements and arguments in the evidence Nos. 2 and 3 are written.

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