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(영문) 서울고등법원 2016.04.22 2015나2031948

임금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order is ordered in excess of the following part ordering payment.

Reasons

1. In the first instance court’s trial scope, the Plaintiff claimed for benefits of KRW 23,98,380 and delay damages, ② actual expenses of KRW 2,454,820 and delay damages, ③ wages of KRW 2,5250,000 and delay damages, which the Plaintiff agreed to pay in Korean currency, as a counterclaim, and the Defendant claimed damages of KRW 14,7250,000 and delay damages.

The first instance court, among the plaintiff's main claim, rejected part of the plaintiff's claim, ①, ③ partially accepted the claim (the partial dismissal of the damages for delay only), ② dismissed the claim, and all the defendant's counterclaims were dismissed.

In this regard, the Defendant appealed only to the claim and counterclaim that was cited in the first instance court among the claims in the principal lawsuit. Therefore, only the above part is subject to the judgment of this court.

2. Basic facts

A. The defendant is a company that runs the business of producing and selling tents.

On December 1, 2010, the Plaintiff joined the Defendant Company and serves as the president.

May 31, 2013 (30 months of service period) retired.

B. On May 10, 201, the Defendant paid USD 15,000 to the Plaintiff (hereinafter “instant U.S. dollars”).

On August 17, 2012, the Plaintiff issued and used a promissory note of KRW 30 million at the following discount, respectively, ① on November 18, 2012 in the name of the Defendant, ② on December 18, 2012, ② on December 18, 2012, and KRW 30 million at the face value.

③ On January 9, 2013, the Plaintiff issued a promissory note with a face value of KRW 60 million on May 10, 2013 under the name of the Defendant and used at a discounted rate.

(hereinafter) Chapter Three of the above Promissory Notes are “each of the Promissory Notes in this case,” and the relevant Promissory Notes are specified as “the date of issuance.”

It is 1,150 won if US$1 is converted into Chinese currency.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2 through 5, part of the testimony of the trial witness C (except for the part not trusted in the front) and the purport of the whole pleadings

3. Determination as to the claim on the main claim (part of the benefits to be omitted)

(a)a Party;