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(영문) 서울중앙지방법원 2020.11.12 2019나68147
임금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On February 1, 2016, the Plaintiff provided labor under employment to the Defendant.

B. The Plaintiff was not paid KRW 16.77 million out of the wages from February 1, 2016 to August 31, 2016.

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

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 16.77 million and damages for delay calculated at the rate of 20% per annum from February 26, 2019 to the date of full payment, as the Plaintiff seeks.

B. 1) The Defendant asserts that the Plaintiff agreed to work in unpaid remuneration, and thus, the Plaintiff cannot respond to the Plaintiff’s claim. Accordingly, the Plaintiff asserts that the Defendant’s submission of the evidence No. 1 (written confirmation of fact) was made in a false manner upon the Defendant’s request with the intent to present the Plaintiff’s work in unpaid remuneration to C as if the Plaintiff et al. were to work in unpaid remuneration. 2) According to the statement No. 1 of the evidence No. 1, the fact that “The three of the Defendant’s Chairperson D, the Secretary General of the Defendant E, and the chief of the Defendant’s prosecutor’s office (Plaintiff) agreed to work in the Defendant Secretariat from February 1, 2016 to serve in unpaid remuneration until now, the fact that the Defendant’s name was written in the Defendant’s name (the Defendant’s signature affixed) as of April 18, 2016 (the Defendant’s signature affixed) and the said written confirmation of fact can be recognized as having written three signatures, including the Plaintiff

3) However, in light of the following circumstances that can be seen by comprehensively taking account of the purport of the entire pleadings, the statement in the evidence No. 1 alone is insufficient to acknowledge the Defendant’s assertion, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit. However, although three signatures, such as the Plaintiff, were entered in the confirmation document, it was made in the name of the Defendant, and the confirmation document

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