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1. Of the judgment of the court of first instance, the part against the defendant regarding the claim of the plaintiff (appointed party) shall be revoked, and the revoked part shall be revoked.
Reasons
1. According to the facts found below, the Defendant is obligated to pay the Plaintiff’s remaining wages of KRW 3,480,00, KRW 3,940,000, KRW 1,650,000, KRW 1,650,000, KRW 1,70,000 to the Selection E, KRW 4,860,00 to the Selection, and KRW 660,000 to G, barring any special circumstance.
The Defendant is an entrepreneur who employs the Plaintiff, the Plaintiff, and the designated parties (hereinafter referred to as the “designated parties”) are those who directly performed tin works to attach tin stones outside the building stones among the new construction works of an officetel in Seoul, employed by the Defendant from November 201 to September 2013.
B. As of September 2013, 2013, the Plaintiff was not paid the Defendant wages of KRW 3,480,00, KRW 3,940,00 for the Selection C, KRW 1,650,00 for the Selection E, KRW 1,170,00 for the Selection E, KRW 4,860,00 for the Selection F, and KRW 660,00 for the Selection G (hereinafter “instant unpaid wages”).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 and the purport of the whole pleadings
2. Judgment on the defendant's defense
A. (1) On February 5, 2013, the key point of the argument regarding the Plaintiff’s defense was to receive KRW 5,000,000,000, including the unpaid wage of KRW 3,480,000 and the Plaintiff’s labor management fee of KRW 1,520,000 from the representative liquidator of the International Partnership Co-Defendant of the first instance court (hereinafter “J”) and to complete the Defendant’s debt to the Plaintiff.
(2) In light of the following circumstances, it is reasonable to view that the Plaintiff’s instant unpaid wage was paid by the J, in light of the respective evidence Nos. 1, 2 (including paper numbers), 3, and 4 as a whole, and the purport of the entire pleadings.
The defendant's defense of this part of the repayment is justified.
① On February 5, 2013, J paid KRW 5,000,000 to the Plaintiff.
The above date is the wages of the plaintiff.