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(영문) 의정부지방법원 2020.09.24 2020나163
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. According to the evidence Nos. 1 through 3 (including additional numbers) of the judgment as to the cause of the claim, it is recognized that the Plaintiff was unable to receive wages of seven million won, while serving as a management director and a deputy administrative director at Cwon operated by the Defendant from January 2, 2018 to February 22, 2018.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid wage of KRW 7 million and the damages for delay calculated at the rate of 20% per annum from March 9, 2018 to the date of full payment, which is the day following the expiration of 14 days from the Plaintiff’s retirement date, to the day of full payment.

2. As to the judgment on the defendant's assertion, the defendant asserts that the actual operator of C Council members is not the defendant's doctor D and doctor E, and the plaintiff brings the defendant into the nominal operator for the purpose of obtaining help to collect his claim against the defendant (the purpose of collecting the benefits that the defendant received from C Council members). However, the evidence submitted by the defendant alone is insufficient to recognize the defendant's assertion, and there is no other evidence to acknowledge it.

(A) In full view of the purport of the entire pleadings, the registration of the business of C Council members under the name of E, but only the fact that the defendant is the actual operator is recognized). Therefore, the defendant's above assertion cannot be accepted.

3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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