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(영문) 대전지방법원 2021.02.18 2020가단133878

임금

Text

Of the instant lawsuit, the part of the claim seeking civil litigation costs is dismissed.

2. The defendant shall pay to the plaintiff KRW 45,730,042.

Reasons

1. Basic facts

A. On November 14, 2016, the Plaintiff prepared a labor contract between the Defendant and the period of the contract from November 14, 2016 to November 13, 2017 with the total annual salary at KRW 80,000,000,000, and worked as an appointed researcher on the same day from the same day.

B. On June 30, 2017, the Defendant filed an application for the commencement of rehabilitation proceedings with Daejeon District Court 2017 Daejeon District Court 5021, and the said court decided to commence rehabilitation proceedings with respect to the Defendant on August 9, 2017, but the said court decided to discontinue rehabilitation proceedings on November 14, 2017 on the ground that the Defendant’s liquidation value is higher than the continuous business value, and the said decision to discontinue rehabilitation proceedings became final and conclusive on November 29, 2017.

(c)

The Plaintiff retired from office on September 20, 2017, when the rehabilitation procedure against the Defendant was pending, and received KRW 1.5 million from the Defendant as the pro rata wage on April 28, 2017 ( KRW 1.5 million on April 28, 2017, and KRW 500,000 on May 19, 2017) and did not receive wages from May 2017 to September 2017.

(d)

On September 21, 2017, the Plaintiff was issued a business owner’s confirmation letter, such as overdue wages, to the effect that the Defendant delayed payment of the Plaintiff’s wages of 36,277,774 won from April 201 to September 2017, the Defendant filed a petition with the representative director of the Defendant to the effect that the Defendant’s delayed payment of the Plaintiff’s wages of 36,277,74 won from August 1, 2018, as indicated in the following table.

6,66, 66, 66 July 1, 2017 ( April 1, 2017 - April 1, 2017 - April 30, 2017 - April 1, 2017) 6,66,66, and 666 on May 1, 2017 ( May 1, 2017 - May 31, 2017 - May 31, 2017 - June 1, 2017 - June 1, 2017 - June 30, 2017) 6,66, and 666, July 6, 2017 (7 - July 31, 2017 - July 31, 2017 - June 6, 2017).

E. On November 17, 2017, the Plaintiff received KRW 8,400,000, out of the unpaid wages from the Labor Welfare Corporation as substitute payment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 7, and 8, the purport of the whole pleadings

2. The costs of the lawsuit in the instant case are assessed against.