beta
(영문) 청주지방법원 2016.04.21 2015나4109

임금

Text

1. Of the judgment of the court of first instance, KRW 53,678 against the Defendant and its related amount shall be from April 1, 2015 to the date of full payment.

Reasons

1. According to the evidence evidence No. 1 of the judgment as to the cause of the claim, even though the Plaintiff provided the Defendant with labor, it is recognized that the Plaintiff was not paid the wages of KRW 1,289,00 in total of KRW 1,289,000 for November 1, 2014 and KRW 1,289,00 in total of KRW 1,289,000 for the same year. Thus, the Defendant is liable to pay the Plaintiff the unpaid wages of KRW 1,289,000 and delay damages

2. The defendant's defense is defense that the defendant paid the above amount of KRW 1,289,00 to the plaintiff on March 31, 2015. Thus, according to the Eul evidence No. 1, the defendant transferred the amount of KRW 1,289,00 to the plaintiff on March 31, 2015. Unless the plaintiff and the defendant have agreed to pay the amount of KRW 1,289,00 to the plaintiff on March 31, 2015, the above amount of KRW 1,289,000 to be appropriated in the order of interest and principal pursuant to Article 479 (1) of the Civil Act is appropriated to the above amount of KRW 1,289,000 to KRW 1,289,000 to March 31, 2015 (=1,289,000 x 76/36,305 x 2085 x 281,205).

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 53,678 as well as damages for delay at the rate of KRW 20% per annum from April 1, 2015 to the date of full payment, which is the day following the above payment day.

Therefore, the defendant's defense of repayment is justified within the above scope of recognition.

3. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed without merit. Since the part against the defendant ordering payment in excess of the above recognition amount among the judgment of the court of first instance which partially different conclusions is unfair, it is revoked and the plaintiff's claim corresponding to the revoked part is dismissed, and the defendant's remaining appeal is without merit.