(영문) 서울서부지방법원 2021.01.28 2020가합32

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Reasons

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자간(%)

(영문) 서울서부지방법원 2021.01.28 2020가합32

임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On March 12, 2010, the Plaintiff asserted that the Plaintiff entered into an employment contract with C, a mother of the Defendant and the Defendant, and continued to perform the above duties by not later than January 11, 202, under the presence of D, who is in charge of performing the litigation of various civil cases and criminal cases related to the Defendant and the Defendant’s literature (including the appointment of a lawyer and the attendance of all kinds of trials). On March 2, 2015, the Plaintiff entered into an employment contract with the Defendant (as attached to the Plaintiff’s complaint, No. 1-3, and the above employment contract (hereinafter “instant employment contract”) with the Defendant, and continued to perform the above duties by not later than January 11, 2020.

However, the Defendant did not pay the Plaintiff wages according to the employment contract concluded on March 12, 2010 and March 2, 2015. As such, the Defendant did not pay the Plaintiff wages under the employment contract concluded on March 12, 2010 to March 1, 2015, and thus, the Defendant stated to the Plaintiff the details asserted by the Plaintiff, as the wages from March 12, 2010 to March 1, 2015 (=2,00,000 won per month x 58 months.

The same shall apply to the number of months from March 2015 to December 2020.

B From March 2, 2015 to January 11, 2021, 232,00,000 won (i.e., monthly KRW 4,00,000 x 58 months) in total, 348,00,000 won in total, and the obligation to pay delayed damages.

B. Defendant’s assertion 1) The Plaintiff voluntarily filed a complaint or lawsuit against the Defendant’s dynamics, etc. using the Defendant, who lacks the judgment capacity, and the Defendant did not conclude an employment contract with the content of the Plaintiff’s assertion (the Defendant did not have affixed a seal to the employment contract of this case, and D did not have the power to conclude an employment contract on behalf of the Defendant). 2) The Plaintiff concluded an employment contract with the

In light of the above, there is no provision regarding wages in the employment contract of this case, and the plaintiff's claim for wages has expired by prescription.

2. Determination

A. The Plaintiff and the Defendant.

유사 판례

-서울서부지방법원 2021.01.28 2020가합32

-대구지방법원 2016.07.14 2016나302241

-대구지방법원 2016.02.12 2015가단115630

-인천지방법원 2018.01.31 2017나10206

-대전지방법원 2019.07.12 2018나116956