임금등 청구의 소
1. The Defendant’s KRW 180,000,000 as well as 5% per annum from May 1, 2015 to May 31, 2018 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff worked in C (Representative: the Defendant) from April 2007 to March 2014.
B. On September 10, 2014, the Defendant drafted and ordered the Plaintiff, by April 30, 2015, a letter of commitment to pay KRW 180 million to the Plaintiff (hereinafter “instant letter of payment”).
【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff KRW 180 million in accordance with the letter of acceptance of the payment in this case.
B. The defendant's assertion (1) asserts that the defendant is not obligated to pay the money set forth in the letter of payment of this case since the plaintiff promised to pay the amount of KRW 180 million (i.e., monthly KRW 10 million x 18 months) when the plaintiff works in the company operated by the defendant for the next one year and six months (i.e., monthly payment of KRW 10 million x 18 months) and the plaintiff did not work after preparing the letter of payment of this case.
(2) The following circumstances are revealed by comprehensively taking account of the overall purport of each of the aforementioned facts and arguments. Then, the Plaintiff asserts that: (i) the Plaintiff promised to pay KRW 180 million out of the unpaid wage of KRW 420 million to the Defendant; (ii) the Plaintiff and the Defendant did not appear to have prepared a labor contract, etc. with the content that the Plaintiff works for a year and six months after the preparation of the instant payment memorandum; (iii) in the text of the instant payment memorandum, the Defendant appears to have determined to pay KRW 180 million to the Plaintiff without any condition; and (iv) there was no indication that the Plaintiff was to pay KRW 180,000 to the Plaintiff in return for work for a year and six months, as alleged by the Defendant; and (v) if the Plaintiff agreed to pay KRW 180,000,000 in return for the payment of the unpaid wage of KRW 180,000,000,000 from September 1, 2014.