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.

1. Facts of recognition;

A. On August 23, 2013, the Plaintiff received a performance recommendation decision from the Suwon District Court 2013Gapo23865 on the wage claim (principal principal KRW 6,546,600 and delay damages therefor) accrued from December 2012 to February 2, 2013 against the Defendant, and the said decision became final and conclusive around that time.

(hereinafter referred to as “pre-trial case”). (b)

According to the defendant's public interest claim status and repayment plan list (No. 3-1, 245 won as of October 1, 2013, the wage obligation amount payable to the plaintiff on the plaintiff is written in 11,120,245 won as of October 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3-1, the purport of the whole pleadings

2. Determination

A. In determining the cause of the claim, the Plaintiff received total of KRW 530,00 from the Defendant around 2014, a sum of KRW 530,00,00, and collected KRW 6,545,60 among the principal of the wage claim in the preceding case, and barring any special circumstance, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the wage claim amounting to KRW 4,04,645 (i.e., KRW 11,120,245 - KRW 530,545,60) and delay damages therefrom.

B. The Defendant stated that “from January 29, 2014 to September 20, 2016, the Defendant, including the amount that the Plaintiff was paid, entered in the preparatory document from February 3, 2017 to August 20, 2016.” However, according to the evidence No. 3-18, the Defendant appears to be a clerical error.

It is a defense that the Plaintiff paid the total amount of KRW 17,138,266 (including KRW 4,703,150 on February 1, 2016) to the Plaintiff in excess of the unpaid wage obligation to the Plaintiff.

According to the evidence Nos. 3-2 to 18, 4-1, 2, and 5 of the evidence Nos. 3-2 to 3-1, 4-1, 5, the defendant, in addition to the amount the plaintiff was paid, not only to the amount the plaintiff was paid, the defendant also to the plaintiff, and KRW 1,730,010 on Jan. 23, 2015, and KRW 1,730,010 on April 7, 2015 (i.e., the total amount paid 8,275,610 on the previous wage claim (= KRW 6,545,60 on the person who was paid by the plaintiff), KRW 1,809,150 on Jul. 15, 2016, and KRW 150 on Sep. 7, 2016.