logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.16 2017나6839
임금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff provided the Defendant with labor related to research, marketing, etc., and agreed to receive wages of KRW 5,00,000 per month from the Defendant in return for that labor. From May 13, 2016 to August 1, 2016, the Plaintiff provided the Defendant with labor pursuant to the above agreement. However, the Defendant paid only KRW 10,50,000 out of the total wages of KRW 10,000 for 6,700 (=5,000,000 x 2) x 1,50,000 of the total wages of KRW 1,50,000,000 (=10,000,000 - 1,50,000,000) and damages for delay.

B. Defendant 1) The Defendant did not have agreed between the Plaintiff and the Plaintiff to pay wages in return for the provision of labor. However, if the Plaintiff made profits to the Defendant by allowing the Plaintiff to supply the Defendant’s products using his connection, the Defendant agreed to pay the Plaintiff a monthly amount of KRW 5,00,000 to the Plaintiff. However, the Plaintiff did not create profits under the above agreement and the Plaintiff did not fulfill the premise for the payment of business expenses. As such, the Defendant is not obliged to pay the Plaintiff a monthly amount of KRW 5,00,000 to the Plaintiff, even if the Defendant is liable to pay the Plaintiff’s wages, the Defendant paid the Plaintiff a sum of KRW 6,50,000 from May 26, 2016 to July 11, 2016, the said amount should be deducted from the Defendant’s wages to the Plaintiff.

2. Determination

A. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim, Gap evidence Nos. 1, 2, and 13, the Plaintiff agreed with the Defendant to receive wages of KRW 5,00,000 per month from the Defendant in return for the provision of labor for research, marketing, etc. related to the Defendant’s workplace operated by the Defendant, and the Defendant’s workplace from May 13, 2016 to July 31, 2016.

arrow