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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. According to the reasoning of the Plaintiff’s evidence No. 1 and the entire pleadings as to the cause of the claim, the Plaintiff is employed by the Defendant, who is the constructor, and worked at the Defendant’s work site from October 17, 2016 to November 19, 2016, and the Plaintiff did not receive wages of KRW 2,660,000 from the Defendant.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 2,660,000 and damages for delay.
2. The defendant's defense defense defense that the plaintiff paid the wage of KRW 660,00 to the plaintiff on March 29, 2017 and KRW 500,000 on July 6, 2017. Thus, according to the entries in subparagraph 1 and the whole purport of the pleadings, the defendant's amount deposited from the defendant's account on March 29, 2017 to the plaintiff at KRW 660,500,000, and KRW 500 out of them are the withdrawal fee.
Recognizing the fact that each wage of KRW 500,000 is paid on July 6, 2017.
The defendant's defense is justified.
3. According to the conclusion, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 1,50,00 (=2,660,000 - KRW 660,000 - KRW 500,000) and the damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from December 4, 2016 to November 29, 2018, which is the date when 14 days have elapsed since the date of retirement, as the Plaintiff seeks, to dispute the existence and scope of the Defendant’s duty to perform.
Thus, the plaintiff's claim of this case shall be accepted within the extent of the above recognition, and the remaining claim shall be dismissed as it is without merit.
Since the part against the defendant ordering payment in excess of the above recognized amount in the judgment of the court of first instance is unfair with a different conclusion, the defendant's appeal partially accepted and the plaintiff's claim corresponding to the revoked part shall be dismissed. The defendant's remaining appeal is with merit.