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서울서부지방법원 2019.02.19 2018나39369

임금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff (former: C) alleged that he/she was dismissed on October 31, 2015 while working as an employee under the direction and supervision of the Defendant’s representative director and was under actual duty as an employee upon receiving KRW 3,000,000 each month from January 4, 2013 to October 31, 2015, and that he/she agreed to receive KRW 3,000,000 each month from August 31, 2015. The Plaintiff claimed for the payment of KRW 9,00,000 for unpaid wages or agreed amount of KRW 3,00 per month from August 4, 2015.

On the other hand, the plaintiff's husband D and the husband F of the defendant's representative director E actually established the defendant. Since then, the plaintiff has been paid monthly money from the defendant while holding office as the defendant's auditor, or there is no dispute between the parties, or the whole purport of the arguments in the evidence Nos. 1, 2, and 8 (including the number of each branch number; hereinafter the same shall apply).

However, the evidence submitted by the Plaintiff, including the statements in the evidence Nos. 3, 5, and 6, was employed as the defendant's employee in the above facts of recognition.

It is insufficient to recognize that there is an agreement between the plaintiff and the defendant that the defendant should pay to the plaintiff KRW 3,00,000 per month, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's primary and conjunctive claims of this case are without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.