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1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. The reasoning of the judgment of the court of first instance, which cited this part of the judgment, is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Parts to be dried;
A. The part on the claim for wage from October 2008 to December 2009 in the judgment of the court of first instance regarding the part on the claim for wage from October 2008 to the part on the claim for wage from October 2009 as follows. 1) The fact that the Defendant did not pay the Plaintiff monthly wages from October 2008 to December 2009 is not a dispute between the parties, and that the Defendant did not pay the Plaintiff monthly wages from October 2008 and December 2009 are examined as to the scope of the unpaid wages from October 208 and 2009 below.
(1) First, as to the amount of unpaid wages in 2008, the fact that the Plaintiff sought a loan and payment of wages to the Defendant on July 17, 2012 is calculated as KRW 10,779,000 for the amount of unpaid wages in 2008 as seen earlier. According to the purport of the written evidence No. 6 and the entire pleadings, it can be acknowledged that the Defendant calculated as KRW 10,767,540 for the amount of unpaid wages in 2008 from the instant proposal sent to the Plaintiff on November 16, 2012. According to the above acknowledged facts, it is reasonable to deem that the Defendant’s payment of KRW 10,767,540 for the amount of unpaid wages in 208, to the Plaintiff as the amount of unpaid wages in 2008.
On the other hand, the plaintiff asserts that the defendant issued a withholding receipt for wage and salary income to the plaintiff 49,493,240 won (=46,399,920 won) calculated by dividing the above wage and salary by 12 months (=46,920 won 3,093,320 won) by the amount of 4,124,436 won (=49,493,240 won 49,240/12), 308 won (=4,124,436 won) for three months, 2008, on the ground that the defendant entered the plaintiff 46,39,920 won as salary and bonus 3,093,320 won for the year 208 and issued a withholding receipt for wage and salary income to the plaintiff (46,99,920 won). However, the unpaid wage for three months is merely a three-month.