(영문) 서울남부지방법원 2015.12.18 2015가단48577

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(영문) 서울남부지방법원 2015.12.18 2015가단48577

임금

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1. The Defendant estimated 23 million won to the Plaintiff and 20% per annum from August 21, 2015 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s claim entered into an employment contract under which the Defendant and the Plaintiff were paid KRW 4 million monthly wage in return for the provision of labor in early 2012, and the Plaintiff served from February 1, 2012 to May 2015, but the Defendant did not pay KRW 84 million during the 21-month period from September 2013 to May 2015.

The defendant is liable to pay the unpaid wages.

B. The Defendant is also the person who employs the Plaintiff while paying the monthly salary of KRW 2 million.

Furthermore, the Plaintiff’s benefit is not trustable in light of the following circumstances, and there is no evidence to acknowledge otherwise, in light of the following circumstances, each statement of No. 1 and No. 2-1, which seems to correspond to the Plaintiff’s benefit, and each statement of No. 3-1 through No. 4, and No. 1 through No. 3, respectively. 3-1, respectively.

- The evidence No. 1 written contract dated January 30, 2012 (hereinafter “instant employment contract”) stating that the payment of KRW 4 million will be made on the 10th day of each month as the salary, and the evidence No. 2-1 of the evidence No. 2 is inconsistent with the content that the payment was delayed on May 1, 2015, stating that the payment of the salary would be made in arrears from September 2013 to May 2015 (hereinafter “instant payment rejection”). On May 1, 2015, although the payment period for the salary was not the time of May 2015, it is written that the wage was delayed on the 5th day of May 2015.

- The instant employment contract and the payment note are consistent with the Defendant’s assertion that the Defendant sold machinery to C, and that the sales price was paid on April 29, 2015, which was on the date of the contract, and the machinery equipment was delivered on May 30, 2015, and that the Defendant’s delivery obligation is jointly and severally guaranteed by the Plaintiff, and that the Plaintiff’s payment of the Plaintiff’s overdue wages was made false for the purpose of security.

- The Plaintiff on May 17, 2014, to the Defendant on November 2013.

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