임금 및 퇴직금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is that the Plaintiff entered into an employment contract with the Defendant (mutually: C Co., Ltd. before the change) by setting a monthly wage of KRW 6,00,000, and served in D, a restaurant operated by the Defendant from February 12, 2016 to May 1, 2017.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid wage of KRW 60,410,00,00 for total of KRW 67,800,000 and KRW 7,390,00 for retirement allowance, and damages for delay.
2. Judgment on the Defendant’s main defense
A. The defendant asserts that the lawsuit of this case is unlawful since the plaintiff's claim for wages and retirement allowances claimed in this case was filed for an order of payment order claiming payment of wages, etc. against the defendant before filing the lawsuit of this case and the lawsuit of this case constitutes a duplicate lawsuit, and ultimately, the lawsuit of this case is unlawful.
B. In a lawsuit for performance, a person who asserts himself/herself as the right to sue, and the above reasons alleged by the defendant are grounds to be judged as the existence of a claim within the merits, and thus, the defendant's above assertion disputing the standing to sue is rejected
Meanwhile, according to the evidence Nos. 6-1, 2, and 1-1 and 2 of the evidence Nos. 6-1, 2, and 1-2, the Plaintiff concluded a contract with E to transfer the Plaintiff’s wage and retirement allowance claims against the Defendant to E on January 19, 2018, and notified the Defendant thereof, but it can be known that the Defendant was notified of the termination of the agreement on the assignment of claims between E and E on May 31, 2018. Thus, there is no reason for the Defendant to lose standing to sue.
In addition, according to the evidence Nos. 7 and 2-1 and 2-2, E applied for a payment order against the Defendant on March 14, 2018, which was before the instant lawsuit was filed, to the Plaintiff as Seoul Central District Court No. 2018 teas 2018 and 109154, but the payment order was filed on April 2018.