beta
(영문) 서울서부지방법원 2019.05.03 2017가단23229

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is registered as an in-house director of a stock company C (hereinafter “in-house director”) established around June 2013.

B. The plaintiff was an employee in charge of the non-party company.

[Ground for recognition] Unsatisfy, Gap evidence No. 9

2. The plaintiff's claim of this case

A. The Plaintiff agreed to receive benefits of 2 million won per month.

However, in June 15, 2013, 16 million won was not paid for the total of the wages from January 2, 2014 to August 2014, 2014, 16 million won paid for 15 days, 1 million won paid for 15 days in September 2014, and 20 million won in retirement pay.

To seek the payment of the above twenty million won against the defendant.

B. The Plaintiff subrogated for KRW 12,500,000 for air freight of the non-party company to D, and paid KRW 3,140,000 on behalf of the non-party company E as well as the company E.

Each of the above amounts shall be claimed against the defendant.

3. Determination

A. There is no evidence to prove that the Plaintiff had received benefits of two million won per month.

Furthermore, there is no assertion or proof as to whether the defendant, who is registered as a director of the company of the non-party company, bears the duty to pay wages to the plaintiff.

B. In full view of the overall purport of the pleadings in the statement No. 4 and No. 8, the Plaintiff appears to have subrogated as otherwise alleged by the Plaintiff.

However, there is no assertion or proof as to whether the defendant, who is registered as a director of the non-party company, bears the obligation to pay the above subrogated amount.

4. The plaintiff's claim is dismissed.