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(영문) 수원지방법원 2018.05.08 2017나70397

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2016, the Plaintiff is a stock company that engages in alcoholic beverage delivery business by acquiring all businesses, such as transaction partners, sales credits, machinery, equipment, and loans, from B (hereinafter “B”) on June 20, 2016, and the Defendant was employed as a member of B from August 26, 2015.

B. Around September 2015, Defendant and B prepared a written agreement as indicated in the attached Form (hereinafter “instant written agreement”) and a written agreement as to the transfer of a customer (hereinafter “instant agreement”) on March 30, 2016. The content of the instant agreement is to transfer to B all the powers of the Defendant on the place of the business partner 27 (hereinafter “the instant transaction partner”) and B acquires all the responsibilities and authority against the instant transaction partner from March 31, 2016, and in return, B pays KRW 50,000 per month to the Defendant for one year.

C. On January 1, 2017, the Plaintiff received from B the claim amounting to KRW 21,444,800 (hereinafter “instant agreed amount”) based on the instant written consent from B, and the claim amounting to the Defendant on the ground that the instant contract was not fulfilled (an amount equivalent to KRW 5,00,000 that B paid to the Defendant; hereinafter “instant damages”). From January 17, 2017, the Plaintiff notified the Defendant of the transfer of the said claim.

[Ground of recognition] Gap evidence No. 1 (including a provisional number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion is the assignee of the instant contract amounting to KRW 21,44,800, and KRW 26,444,800,00 as the obligor, and KRW 26,444,800 as the obligor (=21,444,800 won) and damages for delay.

3. Determination

A. The main text of Article 43(1) of the Labor Standards Act provides that “The wages shall be paid in full directly to workers in currency,” thereby paying the full amount of wages.