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(영문) 수원지방법원 2018.10.17 2017나14397
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 8,528,790 and KRW 6,459,130 among them.

Reasons

1. Basic facts

A. The Plaintiff’s husband B worked as the Defendant’s employee from May 2012 to July 31, 2014.

B. Upon the request of B, the Defendant: (a) paid the benefits of B in the form of B and his wife to the Plaintiff; and (b) concluded a formal employment contract between B and the Plaintiff, and agreed that the sum of each benefit was derived from the benefits to be paid to B in the original form.

C. Each of the Defendant’s statement of funding execution for the portion on June 2016 and July 201 of the same year includes: (a) the Defendant’s payment of unpaid benefits, such as retirement allowances, for December 2013 to the Plaintiff; (b) KRW 1,224,910; and (c) KRW 1,25,460 for the portion on March 2014; and (d) KRW 1,210,830 for the portion on April 2014; (b) KRW 1,210,830 for the portion on June 1, 2014; and (c) KRW 1,35,00 for the portion on June 2014; and (d) KRW 1,432,930 for the portion on July 2, 2014 to KRW 9,848,710 for the total amount of unpaid benefits, including retirement allowances, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the total amount of unpaid wages and retirement allowances, the total amount of KRW 9,848,710, and delay damages therefrom under the above agreement, unless there are special circumstances.

B. Determination 1 on the Defendant’s assertion 1) The Plaintiff did not have worked for the Defendant, and there is no reason for the Plaintiff to pay wages to the Defendant.

B) Of the unpaid wages that the Plaintiff sought in the instant case, the short-term extinctive prescription of three years has already been completed for the payment of unpaid wages on December 2013, 2014, and the unpaid wages on March 3, 2014, and April 4, 2014. 2) The determination was based on the assertion that the Plaintiff was not a worker. The Defendant agreed to pay part of the Plaintiff’s benefits to the Plaintiff between B and the Plaintiff, the husband of the Plaintiff. As seen earlier, the Plaintiff’s monetary claim against the Defendant against which the Plaintiff did not have worked for the Defendant.

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