beta
(영문) 인천지방법원 2018.12.06 2018가단20148

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, as employed by the Plaintiff, was serving in the period from December 26, 2016 to January 25, 2017 and did not receive wages of KRW 2,258,064 and advance notice allowances of dismissal KRW 2,80,000.

B. Accordingly, the defendant filed a complaint against the plaintiff in violation of the Labor Standards Act, and the head of the Incheon Northern District Office of the Central Employment and Labor Agency of the Jungbu District was examined by the defendant's statements, etc.

The "business owner's confirmation letter of overdue wages, etc." that there are wages in arrears equivalent to the stated in the paragraph was issued.

C. Meanwhile, on July 18, 2017, the Plaintiff is the Defendant.

The facts charged with the delayed payment of the wages stated in the subsection, etc. were prosecuted by the Incheon District Court No. 2017 High Court Decision 2077 and received a summary order of KRW 1 million from the above court.

After that, around 2017, the defendant filed a lawsuit against the plaintiff with the Incheon District Court 2017Gaso89731, seeking payment of overdue wages of 5,058,064 won and damages for delay, and the above court rendered a judgment accepting the defendant's claim on January 13, 2018, and the above judgment became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff paid KRW 600,000 to the Defendant on January 15, 2017.

The insurance premium has increased due to an accident caused by the Defendant’s failure to drive, and the Plaintiff’s workplace was five U.S. workers at all times, and the Defendant was a monthly paid worker for whom six months have not passed, and thus, the Defendant cannot pay the pre-employment allowance to the Defendant.

Therefore, this article argues that compulsory execution based on the above established judgment should not be allowed.

B. The time of payment of the money alleged by the Plaintiff to the Defendant is not only before the Plaintiff dismissed the Defendant, but also the investigation of the labor inspector against the Defendant and the issuance of a summary order based thereon.

참조조문