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(영문) 수원지방법원성남지원 2015.08.11 2015가단202628

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 21, 2013, the Plaintiff entered into a project development agreement (hereinafter “instant agreement”) with New Latti Co., Ltd. (hereinafter “New Latti”), which includes the following:

- D - Orderer: The contract amount from February 21, 2013 to May 20, 2013: 20,250,000 won (excluding value-added tax): 6750,000 won on March 31, 2013; 6750,000 won on April 30, 2013; 6750,000 won on May 31, 2013 (excluding value-added tax)

B. New Asia was declared bankrupt on May 29, 2014 by Seoul Central District Court 2014Hahap76, and on the same day, the Defendant was appointed as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. On February 21, 2013, the Plaintiff asserted the cause of the Plaintiff’s claim, as indicated in the instant contract, concluded a contract with the Republic of Korea for a new business on the Abane website, and added the Plaintiff’s business, thereby receiving KRW 2.5 million from the Abane.

Accordingly, the plaintiff completed all of the duties under the above contract.

However, on April 29, 2013, New Asia demanded the Plaintiff to remain at work any longer, and the Plaintiff did not pay the remainder of 6750,000 won to the Plaintiff.

Accordingly, the Defendant is obligated to pay 2,750,000 won (i.e., 6., 750,000 won additional salary paid on April 30, 2013) to the Plaintiff on May 31, 2013 and 6,755,00 won (i.e., 6,750,000 won additional salary paid on May 31, 2013) and the amount of 6,750,00 won of ordinary wage on June 2013.

3. The judgment of the plaintiff sought the payment of wages to New AB, and there is no evidence to acknowledge that the plaintiff was a new EB employee. Rather, in full view of the facts acknowledged under paragraph (1) above and the purport of the entire arguments in the statement Nos. 1 and 2 above, the plaintiff is a new EB-based worker on the Internet homepage of Korea from New AB-based.