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(영문) 춘천지방법원 강릉지원 2018.12.11 2018가단32070
임금
Text

1. As to KRW 35,00,000 and KRW 20,000 among the Plaintiff, Defendant B Co., Ltd., from December 30, 2017 to January 30, 2018.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments stated in subparagraphs 1 through 7 as to claims against Defendant B Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff paid a monthly salary of 4 million won from July 27, 2017 to December 29, 2017 and worked as the site director of the Defendant Company as the result of the Plaintiff’s work. The Plaintiff agreed to pay KRW 15 million to Defendant Co., Ltd on September 7, 2017 and lent it to the Plaintiff after September 7, 2017. Thus, barring any special circumstance, the Defendant Co., Ltd. is obligated to pay the Plaintiff KRW 20 million each year from the date following the retirement date to December 30, 2017 to January 12, 2018, KRW 6% each year from the date following the date prescribed in the Commercial Act to the date of repayment, KRW 15 million each of the instant loans and delay damages from 50 million each of the following day to the date of repayment.

As to this, the defendant company asserted that the plaintiff did not work for two months and paid KRW 9,401,00 out of the salary. However, since there was no evidence to prove the assertion at the date of pleading, the above argument by the defendant company is without merit.

2. The Plaintiff’s claim as to Defendant C is merely an individual company of Defendant C, and therefore the Defendant Company is jointly and severally liable to pay wages and loans with the Defendant Company. However, the Plaintiff’s assertion as to the claim as to Defendant C is insufficient to recognize the above assertion only with the statement of evidence No. 1.

3. According to the conclusion, the plaintiff's claim against the defendant company is justified, and the claim against the defendant C is dismissed as there is no ground, and the costs of the lawsuit and the declaration of provisional execution are assessed against the defendant company.

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