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(영문) 의정부지방법원 2019.05.30 2018나203143
임금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 20,490,800.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as follows: (a) the relevant part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, inasmuch as it is identical to the judgment of the first instance, except for the modification as set forth in the following 2.

2. Parts to be corrected;

A. The judgment of the court of first instance on the facts of recognition added “the principal office and counterclaim shall also be deemed to have been filed with the court of first instance, 6th and 7th.”

The 3, 4, and 5 degrees at the 3, 4, and 5th bottom of the judgment of the court of first instance (hereinafter “the first instance court determined that “the Defendant Company transferred all its shares to D on October 19, 2015, and retired from the Defendant Company upon resignation of the office of director of the Defendant Company” to the effect that “the Defendant Company retired from office on October 30, 2015, and transferred its shares to D on November 20, 2015.”

The "each description of subparagraph 1 of A" at the second bottom of the third bottom of the judgment of the court of first instance shall be written with "each description of the evidence of subparagraph 1 of A and the evidence of subparagraphs 8 and 9 of B (hereinafter referred to as "each number")".

B. The judgment of the court of first instance regarding the claim of the principal suit shall be made with “satisfy”, and “C.” shall be made with “judgment” at the bottom of the third part of the judgment of the court of first instance.

The fourth one to nine acts in the first instance judgment (A. The part on the Plaintiff’s claim for wages) shall be followed as follows.

A. Plaintiff A’s claim for wages of Plaintiff A sought payment of KRW 20,490,800 for the total amount of wages that the Defendant Company had not received from June 2015 to October 2015 (i.e., the lowest amount of wages that the Plaintiff received from Plaintiff A 4,098,160 for each month x five months.

Comprehensively taking account of the respective descriptions in evidence Nos. 2 and 3, and evidence Nos. 18, the Plaintiff and the Defendant Company prepared a labor contract with the Plaintiff’s salary of KRW 5,000,000 per month prior to the filing of the tax base, and the Plaintiff’s salary of KRW 4,605,210 on February 10, 2015; KRW 4,263,160 on February 10, 2015; KRW 4,263,243,930 on March 20, 2015; KRW 104,263,160 on April 10, 2015; KRW 4,00 on May 8, 2015; KRW 4,098, 160 on June 4, 2015; and KRW 15,000 on June 18, 2015; however, the Plaintiff paid each salary after the Defendant’s payment.

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