beta
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. In the first instance trial, the Plaintiff sought the amount of KRW 10 million for the Defendant, including the wage of KRW 10 million and the C author’s picture. The court of first instance accepted only the portion of the claim for wages, and dismissed the part of the claim for expenses.
In this regard, the defendant only appealed against the cited portion of the above wage claim, which is subject to the judgment of the court, is limited to the above cited portion of the wage claim in the court of first instance.
2. Summary of the parties' arguments
A. The gist of the Plaintiff’s assertion is from June 24, 2017 to the “F” of the trade name “F”, the store store located in Jongno-gu Seoul Metropolitanro D Building, which is managed by the Defendant.
9. The defendant asserts to the effect that he was liable to pay to the plaintiff the wages of KRW 10 million, since he had worked until 25.25.
B. The purport of the Defendant’s assertion is that the Plaintiff and the Defendant actually engaged in the same business, and thus, the Defendant did not have the obligation to pay wages to the Plaintiff, even if there was a duty to pay wages, the Plaintiff expressed his/her intent to exempt the Defendant from the obligation not to receive wages on October 13, 2017, and the Plaintiff voluntarily disposed of the books, instruments, curios, etc. owned by the Defendant, and thus, the Defendant cannot pay wages
3. In full view of the purport of the entire pleadings as to the evidence No. 1 and No. 1 of the judgment as to the cause of the claim No. 1 and No. 1, the Plaintiff from the above F to June 24, 2017
9. The Defendant, on September 29, 2017, issued and delivered a written confirmation stating “50 million won unpaid at the rate of 7 or August 2017 x total of KRW 10 million for two months, and KRW 12 million for C, including C,” to the Plaintiff on September 29, 201.
According to the above facts, the plaintiff was not paid wages while serving as the defendant's employee, and the plaintiff and the defendant settled the unpaid wages between the plaintiff and the defendant and the defendant's wages amounting to KRW 10 million.