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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The Defendant’s KRW 3,500,000 for the Plaintiff and its related expenses.
Reasons
1. In the first instance trial, the Plaintiff filed a claim against the Defendant for the amount of KRW 62,875,00 (1) unpaid benefits, ② Tax payment of KRW 90,390, ③ 290,000, and ④ 3,500,000,000 paid for the Defendant’s employees E, and the first instance court accepted the claim and dismissed the claim.
In response to this, only the Plaintiff appealed against the claim ④ and added KRW 904,020 to the claim for the payment of wages to E in lieu of the claim at the trial. Accordingly, the subject of the judgment at this court is limited to the claim (iv) added to the claim as above.
2. In full view of the purport of the evidence evidence No. 17 as a whole, the facts of recognition can be acknowledged that the Plaintiff, who was the head of the Defendant’s partnership, paid on behalf of the Defendant the wages of KRW 1.5 million for August 2012 and KRW 2 million for July 2013, 2013, on behalf of the Defendant, to the Plaintiff who was an employee of the Defendant. As such, the Defendant is obligated to pay damages for delay calculated at each of the rates of KRW 3.5 million under the Civil Act from March 13, 2015, the delivery date of the complaint of this case, to August 31, 2016, the delivery date of the complaint of this case, and KRW 1.5% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
In addition, according to the aforementioned evidence, the Plaintiff may recognize the fact that the Plaintiff paid E wages of August 2013, 201, and the wage of November 2013, 2019,220 won on behalf of the Defendant. Since part of them overlaps with the Plaintiff’s claim of KRW 90,390, the Plaintiff is obligated to pay to the Plaintiff the remainder of KRW 904,020 (= KRW 95,190, KRW 899,220 - 90) and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 25, 2017 to the date following the delivery of the application for change of the purport of the instant claim and the cause of the claim.
3. Conclusion.