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(영문) 광주지방법원 2018.11.02 2018나363
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. According to the evidence evidence Nos. 1 and 2, the Plaintiff provided labor at the Defendant’s workplace from July 1, 2013 to April 20, 2016 as KRW 100,000 (from July 1, 2013 to 2014) or KRW 120,000 (from 2015 to 2016) at the Defendant’s workplace operated by the Plaintiff, and the Plaintiff is recognized as constituting a total of KRW 17,190,000.

According to the above facts, the Plaintiff did not pay KRW 17,190,000 in total within 14 days even though the Defendant provided labor, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff 17,190,000 won and the amount calculated by the rate of 20% per annum under the Labor Standards Act from May 5, 2016 to the date of full payment.

B. Meanwhile, the Defendant asserted to the effect that there was a contract relationship between the Plaintiff and the Defendant, which is not a labor contract, and according to the evidence Nos. 2, the Defendant stated that the Defendant made all statements on the premise that the Plaintiff and the Defendant had a labor contract relationship with the Plaintiff, such as: (a) the Plaintiff’s daily allowance was originally KRW 100,000 during the interrogation process conducted by the labor office; (b) but (c) the daily allowance was increased to 120,000 from 2015; and (d) in light of these circumstances,

2. Judgment on the defendant's defense

A. The defendant's defense of payment due to the establishment of the lien was established with a lien on the plaintiff's studio in the name of the defendant Eul located in Jindo-gun, Jindo-gun, and decided to substitute the payment of the plaintiff's wages of KRW 10 million for the establishment of the above lien. Thus, the plaintiff's defense to the effect that the payment of KRW 10 million out of the plaintiff's wages was made.

However, the contents of Nos. 4 and 5 and the whole purport of the argument are as follows.

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