임금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The Plaintiff’s assertion as to the cause of the claim was made from November 2, 2009 to November 11, 2012, the Plaintiff served as a driver of a private teaching institute in the E (hereinafter “instant private teaching institute”). From November 2, 2009 to May 30, 2012, the Plaintiff was unable to receive wages of KRW 3,60,000 from F, who was the president of the said private teaching institute, and on May 31, 2012, the Plaintiff acquired the business of the said private teaching institute from F, or was jointly acquired the liabilities of the said private teaching institute from the Defendant from May 31, 201 to November 11, 2012, and was unable to receive wages of KRW 5,240,000 from the Defendant who jointly assumed the liabilities of the said private teaching institute.
Therefore, the defendant is obligated to pay to the plaintiff the total amount of 8,840,000 won and damages for delay.
The defendant asserted that the defendant accepted only the site of a private teaching institute from F around July 2012 and established and operated the private teaching institute in that place. The defendant did not take over the business of the private teaching institute in this case from F, and the benefits paid to the plaintiff are only KRW 80,000,000,000.
Around April 1, 2010, the Plaintiff entered into an employment contract with the president of the instant private teaching institute (the trade name of the said private teaching institute at the time was “G Admission Research Institute”). The period of the employment contract was from April 1, 2010 (the period was not fixed) and the working hours was from 14:00 to 23:00, and the wage was KRW 1,100,000 per month.
The Plaintiff filed a complaint against F and the Defendant on the charge of violating the Labor Standards Act on the ground that the Defendant, who received the business regarding the instant driving school from F and F, had been in arrears with wages.
F was investigated by the Jeju Labor Office in Gwangju Regional Employment and Labor Office, and the principal transferred the business to the Defendant by May 30, 2012, while operating the pertinent private teaching institute, and the employee, including the Plaintiff, succeeded to the employment of the existing employee. Of the Plaintiff’s wage of KRW 1,200,000 on January 4, 2012, KRW 1,200,000 on February 1, 2012, and KRW 200,000 on February 201, 2012, and KRW 200 on May 30, 2012.