임금
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.
1. Basic facts
A. The defendant is a company running a sales agency business.
Around August 2017, the Defendant entered into a contract on sales agency service with the Defendant for the sales of 802 households and 89 units of apartment buildings and officetels in the “F building (tentative name) F, which was newly built in the Geum-gu, Busan.”
B. From November 21, 2017, Plaintiff A had been employed by Plaintiff B from September 4, 2017 to June 30, 2018.
C. On July 2, 2018, the Plaintiffs filed a petition against the Defendant on the ground of delayed payment of wages with the Busan Regional Employment and Labor Office.
On July 25, 2018, the Plaintiffs and the Defendant prepared a document stating that “the Defendant shall pay KRW 9,300,000 to the Plaintiff, KRW 18,600,000, which was not paid out of the wages arising from the labor relations with the Plaintiff A, and KRW 9,300,000 until September 30, 2018, and the remainder of KRW 9,30,000 until November 30, 2018,” and that “the Defendant shall pay KRW 10,00,000 to the Plaintiff, and KRW 20,000,000 among the wages arising from the labor relations with the Plaintiff B, until September 30, 2018, the remainder of KRW 10,000 until November 30, 2018 (hereinafter “instant payment note”).”
The Plaintiffs voluntarily withdrawn the petition on the same day.
[Ground for recognition] A without dispute, Gap evidence Nos. 1 and 2 (the defendant alleged that Gap evidence No. 2 (U. 2) was prepared by labor inspector's coercion, and that it was invalid without the defendant's representative director's approval, but the evidence submitted by the defendant alone is insufficient to recognize it, and no other evidence to acknowledge it exists) and the purport of the whole arguments and arguments No. 1
2. Determination as to the claim on the principal lawsuit
A. According to the above facts finding as to the cause of the claim, the Defendant shall pay the Plaintiff the unpaid wages of KRW 18,600,000 and KRW 9,300,00,000, respectively, from October 1, 2018 to December 1, 2018, and from KRW 9,300,000, respectively.