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(영문) 수원지방법원안양지원 2015.11.18 2015가단7389
임금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On or around December 17, 2012, the Plaintiff’s primary assertion 1) is a performance hall with the Defendant, which is owned by the Defendant’s spouse C and is in progress by the Defendant, on or around December 17, 2012, against Jongno-gu Seoul Metropolitan Government D large 483.6m2 (hereinafter “instant performance hall”).

(2) The Defendant: (a) concluded an employment contract with the Plaintiff on December 17, 2012 to June 30, 2014 under the above employment contract with the effect that it will receive wages of KRW 2 million per month in return for performing the business related to new construction works; and (b) provided labor pursuant to the above employment contract; (c) the Defendant did not pay the Plaintiff wages under the above employment contract at all; (d) the Defendant was liable to pay the Plaintiff wages of KRW 36,93,33 (=2 million per month x 14/30 per month x 18 months) and retirement allowances of KRW 3,040,193 (6 million x 30 days x 561/365 days x 30 days x 561/365 days); and (e) the Defendant had the duty to pay damages for delay to the Plaintiff on December 17, 2012 to the Plaintiff during the aforementioned period 300/360 per month.

B. Around December 17, 2012, the gist of the Defendant’s assertion was that between the Plaintiff and the Plaintiff, on the condition that the Defendant acquired a construction business license and obtained a construction permit regarding the new construction of the instant performance hall, a company under the Plaintiff’s construction technology certificate (hereinafter “E”), the Defendant agreed to employ the Plaintiff and pay the Plaintiff the wages of KRW 2 million per month, and as alleged by the Plaintiff, as to the general affairs related to the new performance hall construction of the instant performance hall.

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