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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Comprehensively taking account of the purport of the Plaintiff’s evidence No. 1’s written evidence as to the Plaintiff’s claim, Plaintiff A was employed by the Defendant who operates the automobile maintenance business on or around October 2014 as skilled craftsmen and provided labor until June 22, 2015. The Defendant received a summary order (No. 2,00,000 won for April 2, 2015, wage of 4,000,000 won for May 2, 2015, wage of 93,3333, total sum for 6,333,333 won for June 20, 205, and the Defendant’s representative C received a summary order of KRW 1,50,000 for a violation of the Labor Standards Act (No. 13618, Dec. 19, 2015) and confirmed as final and conclusive on December 12, 2016.
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 6,933,333 and the damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from July 7, 2015 to the date of full payment after 14 days after the termination of the labor contract between the Plaintiff and the Defendant.
2. On the judgment of the defendant's defense, the defendant asserted that the plaintiff's claim is unfair since the plaintiff received excessive benefits compared to his/her business training. However, there is no evidence to acknowledge it, and even if the defendant's argument is true, it does not affect any claim for wages under the labor contract between the plaintiff and the defendant. Thus, the defendant's argument is without merit.
Furthermore, the defendant suffered from damages due to the failure of the plaintiff's duty due to the plaintiff's fault, etc., and therefore, it is alleged that the damage claim is offset against the plaintiff's wage claim. However, there is no evidence to acknowledge this, the defendant'
3. As such, the plaintiff's claim shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.