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All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claims added by this court are dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. The Defendant operates a danran bar with the trade name “D” on the first floor of the Gangnam-gu Seoul Metropolitan Government Cbuilding, and the Plaintiff worked for the said place of business from June 19, 2018 to August 11, 2018.
B. During the above period, the Plaintiff received an urgent of KRW 10,000 according to the oral agreement with the Defendant, and worked for five hours a day on ordinary day, and five hours a day on Saturdays.
C. The Defendant was found to have violated the Labor Standards Act on the grounds that the Plaintiff did not pay KRW 460,000 to the Plaintiff, and received a summary order of KRW 500,000 on March 7, 2019, and the said summary order became final and conclusive as it is.
(Seoul Central District Court 2019 High Court 1916). [Reasons for recognition: the fact that there is no dispute, Gap evidence 1 through 8, Eul evidence 1 and 2, the purport of the whole pleadings]
2. Determination:
A. (1) The Plaintiff asserts that the Defendant did not pay the unpaid amount in total of KRW 210,00 and KRW 460,000,000, corresponding to the period of service from August 6, 2018 to August 10, 2018.
(2) As seen earlier, it was recognized that “the Defendant did not pay 460,000 won to the Plaintiff” in the summary order against the Defendant.
As such, the facts found guilty in a criminal trial are valuable evidence in a civil trial as to the same factual relationship, and there is no special circumstance to find it difficult to adopt a factual judgment of the above summary order solely with the defendant's assertion or its submission (see, e.g., Supreme Court Decisions 97Da24276, Mar. 30, 197; 2007Da69148, Feb. 14, 2008). Accordingly, the defendant is liable to pay the plaintiff wages of 460,000 won which the defendant has not paid to the plaintiff as recognized in the above summary order and delay damages therefor.
B. As to the Defendant’s counterclaim and counterclaim claim (1), the Defendant is from June 25, 2018 to August 10, 2018.