(영문) 수원지방법원 2020.02.05 2019나4868 | 리걸엔진

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(영문) 수원지방법원 2020.02.05 2019나4868

임금 등

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1. The judgment of the first instance court, including the Plaintiff’s claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff received a total of KRW 5,000,000 from the Defendant from January 2, 2019 to May 2019, from the total of KRW 15,787,592, the amount of unpaid wages, retirement allowances, and unused annual allowances, and claimed for payment of KRW 15,08,000 and its delay damages remaining after appropriation to the Defendant.

B. According to the overall purport of the statements and arguments stated in Gap evidence Nos. 1, 5, and 6, or the parties to the lawsuit, the defendant is a company incorporated for the purpose of manufacturing and selling water treatment systems (i.e., the defendant is a company incorporated for the purpose of manufacturing and selling water treatment systems; (ii) the plaintiff was employed as an employee of the defendant from June 1, 2016 to December 31, 2017; and (iii) the plaintiff was unable to receive wages of 7,533,34, wages of 6,621,084, retirement allowances of 15,787,592 won (=7,533,534,634 won) from the defendant within 14 days from December 31, 2017 and December 31, 2017, respectively.

(hereinafter referred to as the above wages, retirement allowances, and unused annual allowances as well as unpaid wages, etc.

Around November 2017 and December 2017, the Defendant’s assertion on the amount of wages during the above period was changed several times to the Plaintiff’s allegation, 8,320,000 won (the second page of the preparatory document dated April 18, 2019), 8,260,000 won (the third page of the same preparatory document), 7,160,000 won (the second page of the statement of grounds for appeal as of June 3, 2019).

The defendant's assertion that it cannot be paid, but the statements in the evidence Nos. 2, 8-1, 2, 10, 11 are insufficient to accept the defendant's assertion, and there is no other counter-proof.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the aforementioned KRW 15,087,00,008 and the delay damages, excluding the amount that the Plaintiff is the Plaintiff who received from the Defendant’s aforementioned unpaid wages, etc. and appropriated for principal.

2. Judgment on the defendant's defense

A. The defendant, on January 201, 201, is the defendant.

유사 판례

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