임금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. Comprehensively taking account of the purport of the entire argument as to the ground for claim No. 1 in the statement of evidence No. 1, the Plaintiff is obligated to pay the Plaintiff 534,615 won unpaid wages and delay damages calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from September 13, 2018 to October 3, 2018, as the Plaintiff retired from office by being employed by the Defendant, an individual entrepreneur operating a parking lot operation business, and the Defendant did not pay 534,615 won to the Plaintiff. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff 534,615 won unpaid wages and delay damages calculated at the rate of 14% per annum from October 18, 2018 to
2. The defendant's assertion asserts that since the defendant committed a tort such as embezzlement of the defendant's funds, the defendant's damage claim based on the tort offset against the plaintiff's wage claim.
However, there is no evidence to acknowledge the fact that the Plaintiff committed an illegal act against the Defendant, such as embezzlement of the Defendant’s funds, and even if the Plaintiff committed an illegal act against the Defendant, wages for workers should be paid in full directly to the employee, and thus, it cannot be offset against the employee’s wage claim by the claim for an illegal act committed against the employee (see, e.g., Supreme Court Decision 99Do2168, Jul. 13, 1999). Therefore, the Defendant’s above assertion appears to have no reason.
3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed on the grounds that it is not reasonable.