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(영문) 서울서부지방법원 2014.09.04 2014가합666
연말정산환급금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From around 2010, the Defendant, a company established for the purpose of housing construction project, etc., carried out a new housing construction project for main apartment units (hereinafter “instant project”) on the ground, including Suwon-si C and 11 lots of land.

B. From February 1, 2010, the Plaintiff provided the Defendant with labor in the position of vice president, and the labor relationship between the Plaintiff and the Defendant was maintained from the aforementioned date to November 25, 201.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 3 and 6, the purport of the whole pleadings

2. The Defendant asserts that the part on the defense prior to the instant lawsuit seeking payment of the beams that was not received during the aforementioned service period is a lawsuit overlapping with the claim for wages filed in the loan lawsuit pending in this court, which is pending in the previous lawsuit, and thus ought to be dismissed.

According to the evidence evidence No. 19, the plaintiff can be found in the loan lawsuit of this court 2012Na8981, which was not paid during the above service period against the defendant. However, according to the evidence No. 5, the plaintiff appears to seek payment of Bopppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

Therefore, the defendant's defense is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion 1) The Plaintiff did not receive KRW 1,218,420 from the Defendant for the year 2010.2) The Plaintiff is the Defendant.

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