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(영문) 수원지방법원 2018.11.01 2016가단550222

임금등

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1. The Defendant: KRW 37,368,639 for the Plaintiff and KRW 5% per annum from September 29, 2016 to November 1, 2018; and

Reasons

1. Basic facts

A. On March 1, 1999, the Defendant is an employer who opened and operates a mutual hospital called D, “D” as its place of business, following the opening of the hospital with the wife population C, Young-si around March 1, 199.

D = “E” on May 21, 2007 (hereinafter “Defendant Hospital”).

(B) the trade name was changed;

On May 17, 1999, the Plaintiff entered into an employment contract with the Defendant and retired on November 10, 2013, when it provided the patient attraction, towing vehicles and first-aid vehicles management, insurance companies, etc. with overall labor such as rental, administrative affairs, etc. under the position of the head of the office.

C. Around July 2007, the Defendant requested the Plaintiff to take out a loan in the name of the Plaintiff as additional funds are required due to the change of the facilities of the Defendant hospital and the extension of the hospitalization room.

On October 2008, the Plaintiff received a loan of KRW 70,000,000 from an enterprise bank under its own name (hereinafter “instant loan”) and provided it to the Defendant.

Accordingly, the Defendant paid to the Plaintiff the amount of KRW 1,00,000 per month as interest for the instant loan, and paid to the Plaintiff a reasonable amount. The Plaintiff paid the principal and interest of the instant loan with the said amount, etc.

Meanwhile, from July 2007 to June 2010, the Plaintiff’s wage was KRW 3,000,000 per month. From July 2010, the Plaintiff’s wage was added to KRW 1,000,000 and KRW 1,000,000 per month.

E. As of April 19, 2012, the Defendant paid all the Plaintiff’s wages up to July 201 (see, e.g., attached to the Plaintiff’s “Adjustment of the Details of deposits to the Plaintiff,” and attached documents of October 10, 2017 (see, e.g., attached Table 1-1) attached to the Plaintiff’s written statement as of September 19, 2018), and paid to the Plaintiff money as indicated in the “written payment and appropriation” column in attached Form 1 (hereinafter “attached Form 1”).

[Ground of recognition] Unsatisfy, Gap evidence 4 to 6.