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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. Facts of recognition;
A. From March 16, 2010, the Plaintiff served as a real estate youth in the Defendant Company. From May 2010 to May 2010, the question was that the Defendant Company’s financial condition aggravated and discontinued.
Accordingly, the plaintiff and the employees of the defendant company have been normalized and have not been paid wages until there was sales performance, and the representative director of the defendant company has made efforts to normalize the company as soon as possible.
B. The Plaintiff is working until September 30, 2010.
Defendant Company retired, and no wage has been paid for five months from May 2010 to September 2010.
C. The Plaintiff filed a complaint against the Defendant Company in violation of the Labor Standards Act, and on December 10, 2010, the head of the Seoul Eastern District Office (Seoul Regional Labor Agency) issued to the Plaintiff the confirmation source on delayed payment of the Plaintiff’s wages of KRW 5 million. However, the Plaintiff stated that the remaining employees, as the Plaintiff, agreed to not receive wages until the actual performance, and did not receive wages pursuant to the agreement, and C was indicted on April 27, 201.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 through 3, the purport of the whole pleadings and arguments
2. Although the Plaintiff decided to temporarily receive wages, the Plaintiff asserted to the effect that it was a grace period for the payment of wages, and that the Defendant Company agreed to pay wages after the normalization of the Defendant Company. On the other hand, the Defendant Company agreed to receive wages only for those who had been engaged in the business after May 2010, and the Plaintiff did not have any actual record, and thus, the Defendant Company did not at all claim that the Plaintiff did not pay wages to the Plaintiff.
If the employer and the employee agree on the wages of workers, or if the employer and the employee have been aware of it, the employer shall give up or waive it.