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(영문) 수원지방법원 2015.09.15 2014가단71565
임금
Text

1. The Defendant: (a) KRW 29,181,00 for the Plaintiff (Appointed Party); (b) KRW 13,564,00 for the appointed Party C; and (c) for each of them.

Reasons

1. Basic facts

A. The Defendant is a person operating a construction company (hereinafter referred to as “Defendant company”) with the trade name “D”, and the Plaintiff (designated parties; hereinafter referred to as “Plaintiff”) is an employee who worked for the said company from July 21, 2012 to July 1, 2014, and from December 28, 2012 to August 31, 2014.

B. The Defendant did not pay to the Plaintiff KRW 29,181,00 in total, including KRW 21,485,00 in wages and KRW 7,696,00 in retirement allowances, and KRW 29,181,00 in total, and KRW 13,564,00 in total, including KRW 9,838,00 in wages from December 2, 2012 and April 2014 to August 2014, and KRW 3,726,00 in retirement allowances, and KRW 13,564,00 in total.

C. On July 1, 2014, the Defendant prepared and issued to the Plaintiff and C a written confirmation confirming that the Plaintiff did not pay the sum of KRW 11,564,00,00, including the total amount of KRW 29,181,00 and the total amount of KRW 26,691,00 and other debts, KRW 55,872,00,00, and KRW 7,838,000 (which did not include wages in August 2014) and retirement allowances of KRW 3,726,00, and around July 30, 2014, the Defendant written confirmation confirming that the Plaintiff would pay the same amount as the above written confirmation to the Plaintiff by July 30, 2014.

The defendant is a notary public of the plaintiff, No. 396, No. 2014.

The Notarial Deed of Promissory Notes of KRW 79,258,00,00, including money stated in the subsection, was prepared and issued (hereinafter “Notarial Deed”).

E. On November 14, 2014, the Plaintiff requested a seizure and collection order concerning the Defendant’s claim for the return of lease deposit against the Korea Land and Housing Corporation under the Suwon District Court 2014TTT 23188 based on the instant notarial deed, and received a decision from the above court to issue a seizure and collection order (hereinafter “instant collection order”).

Grounds for recognition: A1-4, B-3, and the whole purport of the pleading.

2. On February 2, 2014, the Defendant: (a) filed the instant lawsuit against the Defendant, even though the Plaintiff received the instant collection order based on the instant notarial deed; and (b) filed the instant lawsuit against the Defendant.

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