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(영문) 창원지방법원 진주지원 2021.03.24 2020가단3945
보증채무금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The plaintiff was a representative director of the defendant.

C Co., Ltd. (formerly: D. hereinafter “C”) held office from October 23, 1994 to March 20, 2005.

B. C did not pay the Plaintiff’s wages of KRW 54,50,000 (=17,100,000 won per month from January 2, 2003 to September 2003) in total (i.e., KRW 1.9 million per month from September 2003) to the Plaintiff at the time of the Plaintiff’s retirement (i.e., monthly salary of KRW 2,200,000 between October 203 and February 2, 2005).

(c)

On November 27, 2006, the defendant as the representative director of C, jointly and severally guaranteed the above wage obligation of C.

(d)

Therefore, the Defendant is obligated to pay the said unpaid wages of KRW 54,50,000 and delayed damages to the Plaintiff.

2. On the basis of the judgment, it is difficult to find that the Plaintiff worked for C only with the evidence submitted by the Plaintiff, and that C did not pay wages of KRW 54.5 million to the Plaintiff, or that the Defendant jointly and severally guaranteed the obligation to pay wages of KRW 54.5 million, and there is no objective evidence to acknowledge otherwise, the Plaintiff’s claim

3. Accordingly, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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