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(영문) 부산지방법원 2015.09.24 2015나1489
임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserted that the Defendant had worked from July 16, 201 to March 3, 2012 at the place of business operated by the Defendant and sought payment of the Defendant’s wages and advance notice allowances for dismissal from January 1, 2012 to March 3, 2012, and delayed payment of KRW 8,235,480, and delayed payment damages.

According to the statements in Gap 2, 3 evidence, Eul 1, 3, and 4 through 6 (including the branch numbers), the defendant entered into a contract to purchase Eul Hospital located in Gyeongnam-gun on July 13, 201, and concluded a contract to remodel the hospital on August 20, 201 and suspend the contract around October 18, 201 and sell the hospital again to F who is the husband of the above hospital on July 16, 2012. On the other hand, the plaintiff was a person working as the manager of the funeral hall of the above hospital before the defendant purchased the above hospital, and the head of the management division of the said hospital upon G's recommendation after the defendant purchased the above hospital, and the defendant did not pay the plaintiff KRW 6.9 million from January 18, 201, the defendant paid the plaintiff KRW 200,0000 to 31,5130,000,000 from September 21, 2012.

However, according to the contents stated by the Plaintiff in the Busan Regional Employment and Labor Office, G's recommendation to the Plaintiff is to conduct the business preparation of the above hospital, and then prepare a labor contract regularly when the hospital starts its business, and thus, the Plaintiff's affairs to be borne by the time prior to the preparation of the labor contract seems to be about the preparation of the opening of the above hospital's business.

However, on October 18, 201, the Defendant suspended the remodeling construction of the above hospital on October 18, 201, and settled and paid the personnel expenses for the persons mobilized in the preparation for opening the hospital and the accrued construction expenses for the said remodeling construction on January 18, 2012, and the Defendant paid the above hospital.

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