(영문) 서울중앙지방법원 2016.10.13 2015가단185647

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(영문) 서울중앙지방법원 2016.10.13 2015가단185647

임금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. According to Gap evidence Nos. 1 and 3 of the judgment as to the cause of the claim, according to the purport of the entire pleadings, the plaintiff was employed by the defendant who operates the clothing company under the trade name of "D" located in Jung-gu Seoul Metropolitan Government, and retired from office after being employed from July 1, 2009 to February 28, 2015. The wages from July 1, 2014 to February 2015 are 22,312,828 won in total, and the retirement allowances during the above period are 7,687,172, and the plaintiff acquired D's facilities from the defendant and received only 90 million reimbursement.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 21 million after deducting the amount of KRW 9 million paid by the defendant, among the total amount of wages and retirement allowances of KRW 30 million, from the amount of KRW 30 million paid by the defendant.

2. On May 20, 2015, the defendant's defense that the wage and retirement allowance claims were all extinguished due to cash and payment in kind.

On April 29, 2015, the Defendant transferred all of the facilities of “D” to the Plaintiff that it retired from office, and remitted the total amount of KRW 10,000,000,000 on May 16, 2015, and the total amount of KRW 10,000,000 on May 20, 2015, and KRW 10,000 on May 20, 2015 to the Plaintiff. Since then, the fact that the Plaintiff withdrawn the payment of delayed payment against the Defendant on May 21, 2015 on the ground that there is no dispute between the parties, or that the Plaintiff withdraws the payment of delayed payment on the ground that the payment of delayed payment was made on May 21, 2015 by each entry of evidence B-5 (including the serial number).

According to the above facts, it is reasonable to view that the defendant's unpaid wages and retirement allowances claims of the plaintiff were settled by transferring his own business to the plaintiff and paying the amount of KRW 10 million in cash. Therefore, the defendant's defense of repayment is with merit.

3. As such, the plaintiff's claim is dismissed as it is without merit.

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