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(영문) 수원지방법원 2019.08.21 2018나70066
임금
Text

1. The defendant's appeal against the plaintiff is dismissed.

2. The Defendant’s appeal against the Plaintiff is assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Plaintiff joined the Defendant who runs a trucking transport business, etc. and served as the head of the business division, and retired on January 28, 2015.

B. The Defendant: (a) paid 500,000 won out of 2,50,000 wages of October 22, 2014 (from October 22, 2014 to November 21, 2014); and (b) paid 2,50,000 won for portion of November 22, 2014 (from November 22, 2014 to December 21, 2014) to the Plaintiff; (c) paid 2,50,000 won for wages; (d) portion of December 22, 2014 (work period from December 22, 2014 to November 21, 2015 to December 21, 2015 to KRW 50,00,000 for wages; and (d) unpaid amount of wages to the Plaintiff during the period from November 21, 2015 to December 21, 2015 (the wage period from December 222, 25, 20197).84

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, Eul evidence 2-1, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid wages of KRW 5,978,469 and damages for delay calculated at the rate of 20% per annum from February 12, 2015 to the date of full payment, which is the day following the expiration of 14 days from January 28, 2015, which is the date of retirement.

B. As to the Defendant’s assertion, the Defendant asserted that: (a) the Plaintiff received 2,00,000 won out of the unpaid wages of KRW 5,978,469 from the Defendant as its own account in the post office name; and (b) the Plaintiff received KRW 1,00,000,000 for each of the C Union in the name of the Plaintiff and D Bank accounts; and (c) accordingly, the Plaintiff received KRW 2,00,000,000, out of the unpaid wages claimed by the Plaintiff.

According to the statement in Gap evidence 13-2, Eul evidence 2-1, and Eul evidence 7, the defendant, using the defendant's account in the name of Dong F, shall transfer the amount of KRW 1,00,000 to the post office account in the plaintiff's name on November 29, 2014, and KRW 1,000,000 on December 11, 2014, and then transfer the amount of KRW 2,50,000 (work period from October 22, 2014 to November 21, 2014) to the plaintiff through the account in the name of F. The defendant shall pay the plaintiff wage of KRW 2,00,000, which is part of the wages of KRW 2,50,000 from October 22, 2014 to November 21, 2014.

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