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(영문) 수원지방법원 2015.01.08 2014나5118
임금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion asserts that the Plaintiff is liable to pay the Plaintiff the unpaid wage of one million won and damages for delay, since the Plaintiff worked in a restaurant with the trade name “C” operated by the Defendant from June 2012 to August 2012, 2012, which was not paid KRW 1 million out of the wages on August 2012.

B. We examine the judgment. Although there is no dispute between the parties that the plaintiff worked in the restaurant operated by the defendant, considering the overall purport of the arguments as to the evidence Nos. 2 and No. 1, it is acknowledged that the plaintiff filed a petition with the Daejeon Regional Employment and Labor Agency for the failure to receive wages of 3.6 million won against the defendant on December 18, 2012, but the plaintiff received the remaining wages after deducting one million won from the defendant on December 18, 2012, and then remitted the above petition to the plaintiff on December 24 and December 27, 2012. Accordingly, according to the above facts of recognition, it is reasonable to view that the defendant paid all unpaid wages to the plaintiff. Accordingly, the plaintiff's above assertion is without merit.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair in conclusion, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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