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(영문) 서울남부지방법원 2019.04.25 2018나63509

노임

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff’s assertion entered into an employment contract with the Defendant and entered into an employment contract with the chief of the management office and the cleaning and cleaning and cleaning and cleaning of cleaning and cleaning and cleaning and cleaning and cleaning and cleaning and cleaning and cleaning of the Plaintiff entered into a new employment contract with the Defendant (Evidence A 1) on October 10, 2013 with the agreement to increase the monthly wage from KRW 2.5 million to KRW 3,500,000,000.

Nevertheless, as from October 2013 to May 20, 2015, the Defendant paid only KRW 2.5 million monthly wage to the Plaintiff from May 20, 2015, the Defendant is obligated to pay the total amount of unpaid benefits (=one million won x 19 months) and damages for delay.

2. Determination

A. First, the Plaintiff and the Defendant agreed to increase the monthly wage amount to KRW 3.5 million, and the authenticity of the employment contract (Evidence A No. 1; hereinafter “instant employment contract”) is examined.

According to the evidence No. 27, the identity of the Defendant’s name and seal affixed to the instant employment contract and the Defendant’s name and seal affixed to the Defendant’s employment contract (Evidence No. 1) dated October 10, 2012, recognizing the authenticity thereof, is recognized.

In this regard, the Defendant did not agree to increase the monthly wage to KRW 3.5 million, or did not prepare the instant employment contract, and there was no fact that “the part 3.5 million won” in the instant employment contract was forged or altered, and thus, the instant employment contract was alleged to the effect that it was forged or altered, and thus, the following circumstances, which are recognized by the overall purport of the first instance court’s inquiry into the National Labor Relations Commission and the entire purport of arguments with respect to the National Labor Relations Commission of the first instance court, i.e., ① the Plaintiff and the Defendant left a blank part of the amount of wage items at the time of preparing the first employment contract as of October 10, 2012, and the part of the amount of wage items in the instant employment contract is also printed in blank.