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1. Of the judgment of the first instance court, the part ordering the Defendant (Counterclaim Plaintiff C) and Defendant B to pay the following amount:
Reasons
1. Basic facts
A. Defendant C is a person who actually operates “E” on the 5th floor of Mapo-gu Seoul Metropolitan Government D Building, and Defendant C is a representative under the name of the above restaurant, and Defendant C’s father.
The Plaintiff provided labor in a restaurant operated by the Defendants from around 2006.
B. The Plaintiff did not receive approximately KRW 8,730,00,000 from April 24, 2012 to May 2, 2013, and filed a petition against the Defendants as a violation of the Labor Standards Act on May 16, 2013.
C. On August 12, 2013, Defendant C promised on August 12, 2013 to pay KRW 30,000,000 to the Plaintiff for a monthly payment from September to September 2013 as a part of the cash payment relationship between benefits 2011 to 2013, and to agree on a double condition (if not, at the same time). Defendant C drafted a loan certificate stating “C” (hereinafter “the instant loan certificate”). The Plaintiff voluntarily withdrawn the Defendants’ appeal on August 13, 2013.
The Plaintiff did not work in the restaurant of the Defendants any longer since May 2, 2013.
E. On April 23, 2014, the Plaintiff was issued from May 2012, to May 2013, 2013 the confirmation source for the delayed payment amounting to eight million won, indicating the unpaid wages by the Defendants from May 23, 2012 to May 2013.
F. Meanwhile, Defendant C lent and used the Plaintiff’s credit card from around 2010 to May 2014, and deposited the used credit card amount to the Plaintiff from time to time.
The bank account used by Defendant C to pay money to the Plaintiff includes the bank account in Korea (F), Defendant B’s new bank account (such as G and the same bank H), Defendant B’s single bank account (I), J Han bank account (K), and Defendant B’s corporate bank account (L).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9 (including each number), and the purport of the whole pleadings.