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(영문) 서울동부지방법원 2014.07.11 2013가합16921
임금 및 퇴직금
Text

1. The Defendant’s KRW 152,476,595 as well as 5% per annum from August 6, 2012 to July 11, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. From September 1, 2010 to July 20, 2012, the Plaintiff was in charge of the Defendant’s real estate investment and management as the Defendant’s president or vice president.

B. On November 1, 2010, the Plaintiff prepared a written employment contract for annual salary (No. 2, hereinafter “instant employment contract”) with the Defendant with the following content as follows:

(A) The term “user” or “A” refers to the Defendant, “workers” or “B,” respectively. Article 1(Employment Contract) stipulates that a worker (B) shall be qualified as an asset base specialist pursuant to Article 22 of the Real Estate Investment Company Act, and that the employer (A) promises to provide labor regarding the investment and management of the real estate of the employer (A) in return for promising the employer to pay the relevant remuneration.

Article 2 (Duty of Good Faith of Workers) Workers shall work full-time in managing assets for the investment and management of real estate faithfully in compliance with the employer's order or instruction.

Article 3 (Amount of Annual Salaries for Total Contract: 100,000 won (for a year): Allowances of 70,000,000 won (for a year): 30,000 won (for a year), allowances of 30,000 won (the allowances include an extension of the basic salary by 452 hours per year, holidays, and night work allowances (15% of the base annual salary); hereinafter the same shall apply) monthly; 7,690,000 won (annual total amount of 92,280,000 won) shall be paid; 7,720,000 won shall be calculated on the date of payment of benefits at the end of the year and additionally paid after calculating the amount of annual salary at the end of the year. Article 5 (Methods and Timing) The total amount of annual salary after the regular contract of annual salary at the end of the year shall be paid on the 5th day following the 13th day of the following month. The working hours under Article 7 (1) shall be from 0,090:10:1000 days.

2) The allowances for overtime work and holiday work within the scope of 452 hours exceeding the working hours as referred to in the preceding 1) are included in the “Allowance” as referred to in Article 3-2. From September 1, 2010 to September 31, 2011 (12 months) to September 31, 2011, “A” and “B” are deemed to engage in a re-contract one month prior to the expiration of the contract.

Provided, That no notification shall be made to the other party one month prior to the date.

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