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(영문) 수원지방법원 성남지원 2018.07.18 2017가단16265
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 52,60,000 as well as 20% per annum from July 7, 2017 to the day of full payment.

Reasons

1. Following the determination of the Plaintiff’s claim is without dispute between the parties, or acknowledged by adding the whole purport of the pleadings to the statements in Gap’s evidence Nos. 1, 2, 4, and 5.

In other words, the Plaintiff worked as a dentist from March 3, 2016 to June 22, 2017 from “Dental” located in Gangnam-gu Seoul, Seoul, where the Defendant was its representative.

The defendant did not pay the plaintiff wages of 50 million won during the above period.

According to the above facts, the defendant is obligated to pay to the plaintiff the total sum of 52.6 million won payable to the plaintiff and damages for delay calculated at the rate of 20% per annum from July 7, 2017 to the date of full payment, as claimed by the plaintiff, after 14 days from the date on which the above ground for payment occurred, unless there are other special circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserts that the seal affixed to Gap's evidence No. 3 (Written Contract) is not the defendant.

Therefore, the plaintiff, who is the person who submitted the above document, bears the burden of proving the authenticity of the above document, but the plaintiff does not submit any evidence to recognize it.

Therefore, as the defendant's argument is reasonable, evidence No. 3 cannot be used as evidence.

B. The defendant asserts that he is only the nominal owner of the above dental services, but merely the nominal owner of the above dental services, the plaintiff cannot respond to his claim.

However, only written evidence Nos. 1 through 3 cannot be readily concluded that the Defendant is only a person who is the name holder of the above dental services.

Rather, the following circumstances acknowledged by the evidence stipulated in the above Paragraph 1, namely, ① the Defendant’s direct interview with the Plaintiff and acting as the representative of the above dental department and the Plaintiff’s employer; ② the Defendant’s June 1, 2017.

2. The Plaintiff’s letter of confirmation that “the employer will verify the Plaintiff’s delayed payment of wages and pay the Plaintiff by July 15, 2017,” and the letter of payment (Evidence A2).

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