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(영문) 대구지방법원서부지원 2016.06.23 2015가단21879
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, as employed by the Plaintiff, worked for the period from October 25, 2014 to January 3, 2015, and did not receive KRW 1,725,930 for wages.

B. Accordingly, the defendant filed a complaint against the plaintiff in violation of the Labor Standards Act, and the head of the Daegu District Labor Agency of the Daegu District District Office examined the defendant's statement and the details of delayed payment due to the plaintiff's confession by the labor inspector C.

The "business owner's confirmation letter of overdue wages, etc." that there are wages in arrears equivalent to the stated in the paragraph was issued.

C. Meanwhile, on July 20, 2015, the Plaintiff is the Defendant.

The facts charged with the delayed payment of the wages stated in the subsection were charged with the summary order of KRW 70,00,000 by the Daegu District Court Branch of approximately 2015 High Court Branch of 4420, and was ordered by the above court.

After that, on July 25, 2015, the Defendant filed a lawsuit against the Plaintiff for the payment of the overdue wages of KRW 1,725,930 as the Seo-gu District Court Branch Branch Decision 2015da24155, and the damages for delay thereof. On August 12, 2015, the said court rendered the Defendant’s decision of performance recommendation accepting the Defendant’s claim. The said decision of performance recommendation became final and conclusive on October 1, 2015 because the Plaintiff did not raise any objection.

(hereinafter referred to as the “instant decision on performance recommendation”) (hereinafter referred to as the “decision on performance recommendation”), the fact that there is no dispute, Gap evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The Plaintiff asserted that, on November 2014, the Defendant paid KRW 741,410 on November 17, 2014, and KRW 2,320,00 on November 26, 2014 on two occasions, the Plaintiff paid KRW 10 million on December 24, 2014 and KRW 100,00 on December 22, 2014 on two occasions, compulsory execution based on the decision on performance recommendation of this case shall be denied.

However, in light of the fact that the payment period of the money claimed by the Plaintiff is before the labor inspector's investigation against the Plaintiff and the issuance of a summary order based thereon, and that the business owner's confirmation letter, such as overdue wages, was prepared by the plaintiff's confession

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