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(영문) 수원지방법원 2016.05.25 2015나41371
임금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant and the Plaintiff agreed to operate the heading house located in the C commercial building in Si interesting cities around November 1, 2014, and the profits were divided by the ratio of 6:4 each month. 2) The Plaintiff’s profits calculated by the ratio of the above agreement out of the above heading revenue by November 27, 2014 are KRW 1,60,000.

[Reasons for Recognition] Facts without dispute, the purport of the whole argument

B. According to the above facts of recognition, the defendant is obligated to pay the plaintiff 1,600,000 won with the profits from the Hopon's operation and damages for delay, unless there are special circumstances.

2. Judgment on the defendant's defense

A. On December 1, 2014, the Defendant asserted that all of the above profits were paid to the Plaintiff by paying the remainder of KRW 1,300,000,000, excluding the advance payment of KRW 300,000,000, out of the above profits.

B. The following facts or circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1, 2, and 3-1, 2, and 2, i.e., the Plaintiff paid KRW 300,000 from the Defendant; ② the Defendant withdrawn KRW 1,300,000 in cash around December 1, 2014; ③ the Plaintiff attempted to pay KRW 1,60,000 to the Plaintiff while the Defendant’s settlement was defective on December 1, 2014; however, the Plaintiff refused the payment and did not receive money; and thereafter, the Plaintiff did not request the Defendant to pay KRW 1,60,000 from November 28, 2014 to November 30, 2014; ② the Plaintiff’s assertion that the Defendant paid KRW 300,000 to the Defendant, excluding the remainder of KRW 1,600,010, 2010.

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