logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.12.17 2019가단5192037
급여 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff was employed by the Defendant as the vice president in charge of the business affairs of C Co., Ltd., the actual operator.

B. The Plaintiff, as a result of the Plaintiff’s activities going through a national business trip with the Defendant’s instructions, concluded a coal conference agreement with C, but did not receive any remuneration from the Defendant for activity expenses, performance rates, etc.

C. Therefore, from June 2015 to July 2016, the Defendant shall pay to the Plaintiff KRW 70 million for the 15-month salary, KRW 8 million for retirement pay, and KRW 78 million for the total amount of KRW 78 million.

In addition, since the defendant promised to return the deposited money of KRW 40 million deposited by the plaintiff, the defendant is obligated to return it, and even though the defendant did not have been subject to public conflict or intimidation from the plaintiff, the plaintiff's false testimony or statement caused the defendant to pay the collected money of KRW 20 million, so the above money is also obligated to return it.

2. First of all, if the Plaintiff’s assertion that the Plaintiff had worked for Co., Ltd., and the unpaid wages, etc., the Plaintiff’s claim against the Defendant Non-Party C as well as the Plaintiff’s claim that the Plaintiff would receive KRW 6 million per month.

It is difficult to recognize that there is an unpaid wage equivalent to KRW 78 million in total or in total.

(B) According to the statement in B7, the Plaintiff filed a complaint with the Defendant as a violation of the Labor Standards Act, but the Defendant was subject to a disposition of non-guilty suspicion. In addition, the Plaintiff received a criminal trial as a violation of the Attorney-at-Law Act (Seoul District Court Decision 2017Ma370) and a criminal trial as to the violation of the Attorney-at-Law Act (No. 370), and the Plaintiff deposited the Defendant as the principal deposit in the process. These circumstances are considered in the sentencing of the above criminal case (the Plaintiff was sentenced to imprisonment with prison labor for a year and six months, and the above imprisonment with prison labor became final and conclusive).

However, the evidence presented by the Plaintiff alone is the above 4.

arrow