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1. The Defendant shall pay to the Plaintiff KRW 47,981,742 and the interest rate of KRW 20% per annum from May 14, 2019 to the day of full payment.
Reasons
1. Basic facts
A. On April 26, 2016, Defendant Company employed the Plaintiff as a company running the taxi passenger transport business, and entered into an employment contract with the following terms and conditions (hereinafter “instant employment contract”). From April 26, 2016 to April 29, 2019, the Plaintiff worked for the Defendant Company in accordance with the said employment contract.
In accordance with the Labor Standards Act (hereinafter referred to as the “Act”), the individual labor contract system for the annual salary system refers to the limited partnership B (Defendant Company) as “A” and the worker (Plaintiff) as “B” for convenience pursuant to the annual salary system.
“A” and “B” shall strictly comply with the following provisions in accordance with both parties’ free will:
Provided, That a separate provision may be provided for the terms and conditions of employment not provided for in this section.
1. The contract of this kind of employment is a person employed by “A” company, office or motor vehicle maintenance, assistance in maintenance, night-time guard, or any other employee’s interim management or employment contract.
(i)wages 1) Wages shall be the annual salary system, including basic salaries and various allowances;
2) The interim settlement of retirement and retirement allowances shall be paid to a person who has worked for at least one year.
3) The various allowances shall be paid as legal allowances (such as annual allowances, extensions, holidays, night work allowances, bonuses, etc.) and other corporate voluntary allowances deemed to include all items.
4) Pursuant to the law, the labor income tax and resident tax are borne by 100% as “B” and the national health insurance, employment insurance, national pension is borne by “A” and “B” are borne by 1/2.
3. Method of payment: It shall pay an amount equivalent to 1/12 of the annual salary for the total contract in 12 equal installments.
4. Time of payment: The payment shall be made on the 10th of the following month, counting from the first day of each month to the last day.
5. Probationary matters: “B” shall be paid every month for absence from office without the authorization procedure of “A”, and shall be paid every month at the time of absence from office without the authorization procedure of “A”.