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(영문) 서울중앙지방법원 2017.06.29 2015가단5326269

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 32,879,280 and interest rate of KRW 20% per annum from November 15, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The defendant is a company with business purposes such as information and communication terminal equipment development and manufacturing business, etc.

B. Around March 1, 2014, the Plaintiff was employed by the Defendant on his/her duty, and retired from office around October 28, 2014, when he/she mainly performed duties, such as whether the Plaintiff operated a merchandise coupon sales machine at the national store, the current status of advertising, the attraction of investment, etc.

[Ground of recognition] Facts without dispute, entry of Gap 4, 6, 9, 10 evidence, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) the Plaintiff agreed to receive the benefits of KRW 7 million prior to the three months each month (after the taxing KRW 5,734,910); (b) the Plaintiff was only paid KRW 45,879,280 during the period of service (=5,734,910 x 8 months); and (c) the Plaintiff did not receive the remainder of KRW 32,879,280.

The defendant's representative director prepared and delivered a written confirmation of delayed payment of wages (Evidence A1) to the plaintiff that he will pay 32,879,280 won unpaid wages as shown in the attached Form.

Therefore, the defendant is liable to pay the above unpaid wages.

Defendant: The Defendant’s written confirmation of delayed payment of wages (No. 1) submitted by the Plaintiff is nothing more than the Defendant’s accounting staff D, deceiving the Plaintiff.

The plaintiff is not the defendant's employee, who had been working with the position of "chairperson" in the defendant company.

Even if the Defendant’s obligation to pay wages is recognized, since the Plaintiff embezzled KRW 90 million while working in the Defendant Company, the Defendant did not have to pay the unpaid amount to the Plaintiff when exercising the claim for damages against the said money.

3. Judgment on the issue

A. First of all, determination on the authenticity, etc. of the instant written confirmation of delayed payment of wages is based on the authenticity of the written confirmation of delayed payment of wages (hereinafter “written confirmation of delayed payment of wages”) as the key issue of the instant case and the record of evidence.

Party A, written in the name of the Defendant.