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(영문) 대구지방법원영덕지원 2015.02.10 2014가단869
급료등
Text

1. The Defendant’s KRW 5,00,000 as well as 5% per annum from April 9, 2014 to February 10, 2015 to the Plaintiff.

Reasons

1. The party's assertion

A. Plaintiff’s assertion 1) From January 2005 to December 2, 2011, the Plaintiff paid 35,118,090 won to Defendant. From January 2009 to December 201, 201, the Plaintiff did not receive 18,000 won of the salary (50,000 won per month x 36 months) from January 2009 to December 201. 2) on March 27, 2013, with respect to the aggregate of 53,118,090 won of the paid-in and unpaid benefits by the end of March 2013, the Plaintiff paid 15 million won by the end of May 2013, and 10 million won by the end of May 2013, and if the construction work is completed, the subcontract is paid by the Defendant as to the waterworks related amount.

“The Agreement was made.”

3) The Plaintiff received a total of KRW 15 million from the Defendant on March 1, 2013 and April 1, 2014, and the Defendant refused to pay the remainder of the money. 4) Since the Defendant violated the above agreement and thus the said agreement became null and void, the Defendant is obliged to pay the Plaintiff the remainder of KRW 38,118,090, which remains after subtracting the said amount from the said amount of payment and unpaid benefits of KRW 53,118,090.

B. Defendant’s assertion 1) The Plaintiff did not have paid KRW 35,118,090 on behalf of the Defendant, and there is no fact that the Defendant provided that the Plaintiff shall pay KRW 500,000 to the Plaintiff as additional monthly pay. 2) The amount that the Defendant agreed with the Plaintiff on March 27, 2013 is KRW 20,000,000 and KRW 15,000,000 as the Plaintiff is the Plaintiff’s person. As such, the unpaid amount is only KRW 5,00,000.

2. Determination

A. As to whether the agreed settlement amount between the Plaintiff and the Defendant was attributable to KRW 40 million, it is not sufficient to acknowledge the settlement amount only by the descriptions of health class A, Gap evidence No. 1, Gap evidence No. 3, and Gap evidence No. 4, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

[Plaintiffs asserted to the effect that the total amount to be paid is KRW 53,118,090 on the basis of the account books on operating expenses, etc., but the settlement is completed among the account books on the above operating expenses, etc., and unpaid transportation expenses and unpaid.

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