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(영문) 서울중앙지방법원 2019.02.14 2017가단5202275
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 80,503,086 and the interest rate of KRW 15% per annum from October 1, 2017 to the day of complete payment.

Reasons

1. The Plaintiff and the Defendant’s employment relationship and its termination are attorneys-at-law who operated the law office solely or worked as an attorney-at-law belonging to the law firm from around 2005, and the Plaintiff was employed by the Defendant from February 2007 to work as an office worker or an office worker, etc. who received wages from the Defendant from the Defendant in the law office or the law firm under its jurisdiction and operated by the Defendant and retired on or around May 2017 may be acknowledged by adding the whole purport of each of the pleadings set forth in the evidence Nos. 25 to 27 (including

2. The allegations and judgment of the parties

A. The Plaintiff asserts that, in May 2017, the Plaintiff submitted Gap evidence No. 1 (hereinafter “instant payment rejection”) corresponding thereto, and the Defendant was not drafted by the Defendant, but forged the instant payment rejection, and there was no fact that the Defendant did not pay the Plaintiff the said amount to the Plaintiff by May 31, 2017.

(2) Therefore, as to the authenticity of the instant payment note, the date of preparation of the instant payment note shall be May 15, 2017, stating that “the Defendant shall pay 80,503,086 won to the Plaintiff as the unpaid amount of wages, retirement allowances, loans, etc. up to May 31, 2017, and shall pay 15% interest per annum if delay is delayed,” and the Defendant’s name and signature is written. The appraiser C of the court presented that the Defendant’s name stated in the instant payment note is the same as that of the Defendant’s writing written evidence No. 5-1, 2, and 3, etc. that the Defendant is the Plaintiff.

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