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(영문) 대전지방법원천안지원 2015.07.22 2015가단3927

급료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 1, 2011, the Plaintiff agreed to receive KRW 2.3 million monthly salary from the Defendant church instead of working as a cooperative pastor at the Defendant church, and served as a cooperative pastor from the Defendant church until December 31, 2014.

Therefore, the defendant should pay to the plaintiff the agreed benefit of KRW 94.3 million (=2.3 million won/monthly x 4.1 month) and its delay damages.

2. As shown in the Plaintiff’s assertion, each statement in Gap evidence Nos. 5 (including paper numbers) and 6 is difficult to believe that it was easily (the evidence No. 5 appears to have been prepared and submitted on the premise that it was used for supporting another church pastor or submitting a police station, and the evidence No. 6 submitted by the Plaintiff, such as Gap evidence No. 3, 4, 7-9, and 11 (including the number of numbers) are insufficient to admit the Plaintiff’s argument. The remaining evidence presented by the Plaintiff is insufficient to support the Plaintiff’s argument. ① The circumstance that the Plaintiff worked in the Defendant church does not directly generate the right to claim wages against the Defendant. ② There is no evidence to view that the Plaintiff agreed to pay wages of KRW 2.3 million per month with D and 2.3 million per month with the Defendant, and ③ there is no evidence to view that the Plaintiff could have agreed to pay the above agreement on behalf of the Defendant to the Plaintiff during the immediately preceding 1-year period of consultation with the Defendant, and ③ it is difficult to deem that the Plaintiff could have paid wages to the Plaintiff through legitimate procedure for 1-year.