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(영문) 대구지방법원 2014.06.27 2013가합3907

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff asserts as follows. A. The plaintiff asserts as follows.

The Plaintiff believed the Defendants’ promise to give KRW 2 million monthly pay, and, in accordance with the Defendants’ instruction from August 199 to April 2013, the Defendants took up labor force without paying any wage, even though the Defendants were to perform work, such as construction work of the D Technology Education Center operated by Defendant B, and various work of the farm operated by Defendant C, against their free will.

Therefore, the defendants are jointly or severally liable to pay 300 million won and damages for delay, which are part of the damages based on the agreed wages or illegal acts, to the respective plaintiff.

B. Defendant B, by deceiving the Plaintiff, obtained KRW 3 million from the Plaintiff on March 1998, KRW 5 million on two occasions around August 1999, KRW 7 million on two occasions, and KRW 15 million on February 200, by deceiving the Plaintiff, and defrauded KRW 30 million in total.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 30 million and damages for delay due to tort.

2. Determination:

A. According to the evidence evidence Nos. 2, 3, 6, and 7 as to the claim for damages arising from the agreed wage or wage, the defendant C is the senior citizen who already reached the age of 69 years around August 199, which was the first time when the plaintiff asserted that he was forced to work, and the defendant B was the senior citizen at the age of 69. The defendant B filed a complaint against the defendants against the violation of the Labor Standards Act due to non-payment of wages and forced labor against free will. However, the defendants were subject to a disposition on September 27, 2013, and the application for adjudication on the above disposition was dismissed on April 10, 2014. According to the evidence Nos. 1, 1, 4, 5, 11, and 12-1 through 3 of evidence Nos. 12-3, the plaintiff's assertion that the plaintiff's testimony against his free will of labor for about 14 years cannot be deemed to be dismissed.

참조조문