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(영문) 춘천지방법원강릉지원 2017.10.24 2017나244
임금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion did not receive wages of KRW 2,016,00 from March 8, 2016 to March 31, 2016, even though he/she served as the head of the field office and accounting staff belonging to the Defendant, among them, as wages of KRW 2,016,00 from March 8, 2016 to March 31, 2016.

Therefore, the defendant asserts that the plaintiff is liable to pay the unpaid wages of KRW 2,016,00 and delay damages to the plaintiff.

B. Determination 1) According to the evidence evidence Nos. 1, 3, 6, 7, and 8, the Plaintiff entered into a labor contract with the Defendant on January 8, 2016 with the Defendant on the wage of KRW 2,50,000, and the Plaintiff’s provision of labor to the Defendant as the head of the Defendant’s site and accounting staff during the period from January 8, 2016 to March 31, 2016 under the above contract. Meanwhile, the Plaintiff received wages from the Defendant from January 8, 2016 to March 7, 2016. According to the above facts of recognition, the Plaintiff’s duty to pay wages from March 8, 2016 to March 31, 2016 to March 31, 2016 to KRW 1,935,480, 200, 301, 205, 301, 306, 416, 2016).

2. Judgment on the defendant's defense, etc.

A. 1) The Defendant, while paying the Plaintiff wages on January 8, 2016 and February 2, 2016, has a defense that the Defendant settled the payment of wages from March 8, 2016 to March 31, 2016. 2) The evidence submitted by the Defendant alone is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant to not pay wages from March 8, 2016 to March 31, 2016, and there is no other evidence to prove otherwise.

Therefore, this part of the defendant's defense is without merit.

B. Labor Standards Act.

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