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(영문) 수원지방법원평택지원 2016.05.11 2016가단1491
노임
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserts that, after concluding an employment contract with the Defendant to receive KRW 3,00,000 per month wages, the Defendant worked in the Defendant’s stock farm from the beginning of June 2013 to the end of October 2013, the amount of KRW 15,00,00 (=3 million x 5 months) should be paid from the Defendant during the above-term period. However, there is no evidence to prove that the employment contract was concluded between the Plaintiff and the Defendant.

Therefore, the plaintiff's claim for wages is without merit.

2. On November 27, 2013, the Plaintiff asserted that the Defendant should be paid damages for KRW 5,100,000 (i.e., KRW 8., KRW 850,000 x 6) since the Plaintiff received the purchase price by selling at KRW 37 and 6,000,000,00 owned by the Defendant and KRW 850,000,000,000, which were owned by the Plaintiff, and embezzled without paying the purchase price to the Plaintiff. However, there is insufficient evidence to acknowledge that the Defendant embezzled the Plaintiff’s assertion by itself, and there is no other evidence to prove otherwise. Rather, according to the materials submitted by the Defendant, it is recognized that the Defendant issued a non-prosecution disposition that was not subject to the prosecution of embezzlement (Evidence of evidence) in the criminal case against which the Plaintiff filed a complaint against the Defendant for embezzlement.

Therefore, the plaintiff's claim for damages is without merit.

3. In conclusion, the plaintiff's claim of this case is without merit, and it is so decided as per Disposition.

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