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(영문) 수원지방법원성남지원 2017.08.22 2016가합203700
임금
Text

1. The Defendant’s KRW 56,252,060 for the Plaintiff and 6% per annum from November 15, 2015 to August 22, 2017.

Reasons

1. Basic facts

A. In around 2001, the Plaintiff joined the Defendant and served as the Defendant’s registration director.

B. On June 20, 201, the Plaintiff prepared and delivered a written waiver of wage claim (hereinafter “instant waiver”) with the following content to the Defendant.

The above purport is that the defendant company will serve as a registered director from 201 to 200, and the defendant company will give up in full the wages of 12,100,000 won which have not been paid during the period due to other business deterioration such as failure to receive orders for construction works, etc. as of May 31, 201, and any civil or criminal exercise of rights against this will not be exercised by the defendant company.

C. On November 2015, the Plaintiff retired from the Defendant Company.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 2.4, Eul evidence No. 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant’s representative director’s rejection of the instant case was drafted for the purpose of attracting funds from his wife, and is null and void as a declaration of intention of progress by mutual agreement between the Plaintiff and the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the benefits of KRW 121 million up to May 31, 201, as well as damages for delay.

(2) From June 1, 2011, the Defendant had been in arrears with wages on a regular basis from June 1, 201 to November 2015 that the Plaintiff retired, and the total amount of unpaid wages during the period calculated by subtracting April 1, 2015 that the Plaintiff retired from office is KRW 11,782,090.

Therefore, the defendant is obligated to pay the plaintiff the above-paid wages of KRW 100,782,090 and damages for delay.

(3) Therefore, the Defendant is obligated to pay the Plaintiff the sum of the accrued benefits to the Plaintiff KRW 22,782,090 (=the above KRW 121 million) and damages for delay.

B. The Defendant’s assertion (1) The waiver of the instant case was drafted at the level of responsible management due to the Defendant’s deterioration of management at the time.

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