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(영문) 대구지방법원서부지원 2017.07.11 2015가단22773
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the statements in Gap evidence 1 to 10, Eul evidence 1, 2, and 3 (including serial numbers; hereinafter the same shall apply), the inquiry and reply of the fact to the Daegu Regional Employment and Labor Office of the Daegu Regional Employment and Labor Office of the Court, the witness C's testimony, and the whole arguments.

On January 24, 2015, the Plaintiff’s Oral D determined and leased the Daegu Seo-gu F, 101 Dong 205, and 206 commercial buildings from E as of January 26, 2015 to January 31, 2017, the deposit amount of KRW 100,000,000 (excluding value-added tax) from January 26, 2015 to January 31, 2017.

B. On February 1, 2015, the Plaintiff opened a restaurant in the name of “G” and started its business.

C. On July 1, 2015, the Plaintiff agreed to employ the Defendant, who is a riuri company, as the main agent, as the Defendant’s period of work from July 1, 2015 to December 31, 2015, the monthly salary of KRW 4,300,000, and the down payment of KRW 10,000 shall be paid. However, if the Defendant retires prior to the expiration of the said period of work, the Plaintiff agreed to pay KRW 30,00,000 to the Plaintiff.

On June 15, 2015, the Plaintiff leased the studio H 202 H202 at KRW 1,000,000, monthly rent, and KRW 330,000.

E. The Defendant worked from July 1, 2015 to October 12, 2015.

F. On September 2015, the Defendant filed a petition against the Plaintiff to the Daegu District Office of Labor and Labor and the Daegu District Office on the ground that the Plaintiff was not paid the wage of KRW 2,300,000 and KRW 1,664,510 for October 2015.

On November 25, 2015, the Plaintiff paid KRW 3,964,510 to the Defendant.

In addition, I, who was an employee of the Plaintiff, did not receive wages of KRW 2,500,000 on September 26, 2015, filed a petition as above with the Defendant. On November 26, 2015, I received KRW 2,500,000 from the Plaintiff.

G. Since June 2015, the Plaintiff failed to pay the rent to E for the above commercial buildings, and from November 2015, the said restaurant business is operated.

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