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(영문) 대구지방법원 2020.09.09 2019나324761

임금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 8,034,371 on September 20, 2017 to the Plaintiff.

Reasons

1. Determination as to the cause of a claim 1) Even if a civil trial does not have to be bound by the finding of facts in a criminal trial, the fact that the criminal judgment already became final and conclusive as to the same fact is material evidence, and thus, barring any special circumstance deemed difficult to adopt a factual judgment in the criminal trial in light of other evidence submitted in the civil trial, it cannot be recognized (see, e.g., Supreme Court Decision 2007Da69148, 6915, Feb. 14, 2008). 2) In light of the overall purport of the issuance of evidence No. 1 through 9, evidence No. 20, No. 1 through 20, and No. 3788, May 21, 2012, the Plaintiff was found to have worked for the main duty at the restaurant operated by the Defendant C (2 factory) 1, and the Defendant did not pay the Plaintiff’s wages to the 307th day of the retirement allowance of 2060,7186, supra.

The following facts revealed by the evidence revealed in the above facts of recognition, namely, the Plaintiff consistently asserted that the Plaintiff had worked from the filing of the complaint of the above criminal case to the court of this case, and that the Plaintiff had consistently worked from 08:30 to 15:00. On the other hand, the Plaintiff’s statements about the time of commuting to and from work of the Plaintiff are consistent. The Plaintiff’s statements by the Defendant and the Defendant’s employees are inconsistent, and the Plaintiff from 08:30 to 09:00.