beta
(영문) 서울동부지방법원 2019.07.03 2018재나60

임금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts are apparent or apparent in records in the judgment subject to a retrial.

On November 28, 2011, the Plaintiff filed a lawsuit against the Defendant with the Seoul Eastern District Court No. 2011da76991, which sought payment of benefits, etc., and received a judgment from the above court on July 12, 2012 that “the Plaintiff was paid wages from the Defendant, and thus, dismissed the Plaintiff’s claim.”

B. Accordingly, on August 2, 2012, the Defendant lodged an appeal with Seoul Eastern District Court 2012Na7375, and on May 2, 2014, the above court received from the above court the judgment subject to a retrial stating that “the Defendant would pay the Plaintiff wages of KRW 935,860 below the statutory minimum wage, retirement allowances of KRW 1,003,686, and delayed payment damages,” and “1. basic facts D” in the written judgment subject to a retrial was renewed on a yearly basis, and the Plaintiff was paid KRW 750,000 from November 11, 2007 to KRW 750,000.

The term of contract from November 11, 2008 to November 10, 2009 of the Plaintiff and the Defendant’s labor contract (the labor contract of November 10, 2007 was not drafted) is the same as the labor contract of November 10, 2006, except that the wage of which is KRW 750,000 per month. < Amended by Presidential Decree No. 21190, Nov. 10, 2006>

(Plaintiff) On November 10, 2009, on the 10th of November, 2009, stated “The Defendant asserted that the contract was changed, but it is not clear whether the contract was changed or not. However, the Plaintiff also acknowledges that the contract was renewed every year before retirement, and whether the contract was changed or not does not affect the conclusion of this case.”

C. Since then, the Defendant filed an appeal with the Supreme Court Decision 2014Da46808 Decided July 18, 2014, but, on November 13, 2014, the said court received a decision to dismiss the trial non-speed, and the said judgment became final and conclusive on November 18, 2014.

2. The judgment of this Court

A. Article 451(1)6 of the Civil Procedure Act