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(영문) 서울서부지방법원 2017.08.17 2016나2417

임금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. From December 1, 2014, the Plaintiff retired while providing the Defendant with labor, such as newspaper production, at the Defendant’s workplace.

B. During the above period, the Defendant agreed to pay the Plaintiff KRW 3,500,000 (pre-paid) as monthly salary.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. The parties' assertion

A. The Defendant ought to pay to the Plaintiff the total sum of KRW 5,344,733 from December 1, 2014 to February 17, 2015, which the Plaintiff had worked for the Plaintiff.

B. The Plaintiff’s obligation to pay wages to the Defendant is against Nonparty C, the actual employer of the Plaintiff, and even if the Plaintiff had the obligation to pay wages to the Defendant, the Plaintiff served only on January 30, 2015, and thus, the Plaintiff is obligated to pay the unpaid wages of KRW 2,329,590 (after rent) until that time.

3. Determination

(a) The following facts may be acknowledged, either under dispute between the parties, or under the purport of Gap evidence Nos. 6, 7, and Eul evidence Nos. 2 to 7 and the whole pleadings:

1) On December 2014, C decided to purchase the Defendant’s shares with D and D, which were the Defendant’s representative director, and agreed to operate the media business center that issues E among the Defendant’s business, and D agreed to manage the research and survey headquarters among the Defendant’s business. 2) The Plaintiff, as the vice-chief of the media business center operated by C from December 1, 2014, was in charge of preparing articles, etc. at the media business center operated by C.

3) On January 27, 2015, 2015, C and C agreed to separately establish and operate D and C with the Defendant due to the difficulty of Defendant’s management. The Plaintiff agreed to work at the newspaper company that C is to establish, and the Plaintiff decided to work at the above newspaper company that C is to establish. The B D representatives (hereinafter “A”).

) and C (hereinafter referred to as “B”)

on January 27, 2015, the following agreements shall be concluded:

1. A and B shall enter into a mutual agreement on January 1, 2015.