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(영문) 의정부지방법원고양지원 2015.09.18 2014가단33843
임금
Text

1. The Defendant’s KRW 9,763,544 as well as the Plaintiff’s annual rate of KRW 6% from June 6, 2013 to September 18, 2015.

Reasons

1. Basic facts

A. From October 27, 2010 to May 22, 2013, the Plaintiff retired from office while driving a dump truck as an employee of the Defendant.

B. The Defendant paid KRW 659,030 per month during the Plaintiff’s work period from February 2, 2011 to May 2013 as overtime work allowances.

【Ground for recognition】 The fact that there has been no dispute, Gap 3-1 through 12, Gap 6, Eul 3, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion was 2,839 hours from February 2, 2011 to May 2013 (i.e., 4,258.5 x 1/1.5 x 1/7) x 1/7 days x 365 days x 1/7 days x 1/65 days x 1/260 of the monthly ordinary wage. The Plaintiff’s ordinary wage per hour is 7,484 (i.e., 1,55,520 won (i., 13,980 won of the monthly ordinary wage) / 100 of the base salary of 150,760 won of the regular bonus of KRW 427,760, monthly average wage of KRW 150,000) ± 209 hours per month (i.e., 40 hours per week) x 1/7 days per week x / 1/65 days);

Therefore, the Defendant is obligated to pay the Plaintiff KRW 9,865,294 (=31,870,614 (=(2,839 hours x ordinary wages 7,484) x 1.5) of overtime allowances and holiday allowances x 18,452,840 won (=659,030 won x 28 months) of overtime allowances x 28 months of August 20, 2014) and delay damages therefrom.

B. The Plaintiff and the Defendant agreed to the unpaid allowances of KRW 3,654,230 (including withholding tax) calculated by the labor inspector in the summary of the Defendant’s assertion, and the Defendant paid all the above money, thus there is no obligation to pay any more.

C. In full view of the overall purport of the arguments in each of the evidence evidence Nos. 1, 6, and 1 through 4 as to the cause of the claim, the Plaintiff did not receive KRW 3,654,230 from the Defendant in the real case to the Seoul Regional Employment and Labor Office.

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