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(영문) 대전지방법원 2019.10.23 2018나117492
임금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts do not conflict between the parties or may be acknowledged by the statements in the Evidence Nos. 4 and 8, respectively, that the Plaintiff was employed by the Defendant Company from April 26, 2017 to March 8, 2018, while having a sound technical experience in a special class of technology in the architectural field.

2. The parties' assertion

A. The Plaintiff did not receive benefits from September 18, 2017 to March 8, 2018 from the Plaintiff’s Defendant.

Monthly salary was agreed at KRW 4.5 million, but it appears to be recognized by the Defendant.

When calculating the benefits for the above period, 17.1 million won shall be applied.

B. The Defendant paid benefits to the Plaintiff only during the issuance of a field director (on-site work).

From September 18, 2017, the Plaintiff had worked in the Eunpyeong site, and the project owner agreed to pay benefits directly to the project owner, and the project owner paid approximately KRW 10 million to the project owner.

Since the decision on the commencement of auction was suspended on November 1, 2017 with respect to the Pyeongtaek Chang-si site, there is no further benefit to be paid.

On February 2018, the Plaintiff filed an application for resignation around February 2018.

3. Determination

A. The plaintiff alleged that he agreed to monthly salary amounting to 4.5 million won, but it is not enough to accept the above assertion only with the statement of Gap evidence 2, and there is no other evidence.

However, although the plaintiff claimed monthly salary of 3 million won in this case, the defendant paid the monthly salary only at the time of the issuance (on-site work) of the site director.

It is argued that the owner should pay the benefits in the field of Pyeongtaek or Chang Chang-si, and it does not explicitly dispute the number of benefits per se, in the written statement of C submitted by the defendant to the court of first instance, C refers to the defendant that he would receive KRW 3 million per month when he introduced the plaintiff to the defendant, and the defendant agreed on June 10, 2017 when he was awarded a contract for the work site and agreed on June 10, 2017 (Evidence 7).

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