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(영문) 수원지방법원 2019.04.12 2018나5314

임금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

The defendant is a business operator running the business place of D'(hereinafter referred to as the "D's trade name") in Leecheon-si, and the plaintiff is an employee who has worked in the above business place from April 10, 2016 to August 30, 2016.

(A) On August 27, 2016, the Defendant drafted a cash custody certificate (hereinafter “the cash custody certificate of this case”) stating that “the Defendant pays KRW 37 million to the Plaintiff in installments three months,” and at the time E signed the said cash custody certificate as the Defendant’s surety.

(A) On the ground that the Plaintiff was in arrears with wages, the Plaintiff accused the Defendant against the Sung-nam Branch of the Sung-nam Branch of the Central Labor Agency, and accordingly, in relation to the said criminal case (hereinafter “related criminal case”), the “written confirmation of overdue wages, etc.” written by the head of the Sung-Nam Branch Office on June 7, 2017 stated that the Defendant’s payment of overdue wages, etc. to the Plaintiff is KRW 300,000 per month, and among them, the Defendant’s payment of overdue wages, etc. to the Plaintiff from May 10, 2016 to August 30, 2016, is KRW 10,000,000,000.”

(A) A. 1 - The amount loaned to the Defendant by the Plaintiff is KRW 26,00,000, and the total labor cost incurred after May 10, 2016 that the Defendant shall pay to the Plaintiff is KRW 11,00,000.

Of the above money and valuables KRW 37,000,000, the money and valuables that the Defendant paid to the Plaintiff from April 28, 2016 to May 20, 2017 are KRW 8,500,000.

In addition, the guarantor E paid 15,000,000 won to B out of the above amount of occurrence.

- The remaining money and valuables that the Defendant is obliged to pay to the Plaintiff on October 26, 2017 are KRW 13,500,000, and this is the loan amounting to KRW 9,500,000, wage of KRW 4,000,00.

Money and valuables KRW 13,500,000 confirmed as above are money and valuables that the defendant should pay to the plaintiff, and there is no money and valuables that the defendant should pay to the plaintiff.

On October 26, 2017, the defendant issued a written confirmation stating the following contents to the plaintiff in the process of investigating related criminal cases.