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(영문) 부산지방법원 2017.01.20 2016가단27081

임금

Text

1. The defendant,

A. From November 25, 2013, the Plaintiff A’s KRW 70,200,757 and its related thereto:

B. Plaintiff B: 41,127,276.

Reasons

1. Basic facts

A. The Defendant, a company operating an international complex transport business, etc., employed the Plaintiffs as crew members of Libys (REE) vessel (hereinafter “instant vessel”), and the Plaintiffs provided, upon the Defendant’s instruction, the Defendant provided the Defendant with the labor operating the instant vessel to the Sri Lankan Port from the Port of Saria for the following periods.

1) Plaintiff A: From April 12, 2013 to November 10, 2013, Plaintiff B: From May 9, 2013 to January 13, 2014

B. However, the Defendant did not pay the Plaintiffs 63,403 U.S. dollars among the Plaintiff’s wages, and 37,408 U.S. dollars among the Plaintiff’s wages to the Plaintiffs within 14 days from the date of retirement without agreement with the Plaintiffs on the extension of the payment period.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the plaintiff A with US$63,403, US$37,408, and delay damages for the plaintiff B as wages. 2) Meanwhile, in cases where the debtor pays foreign currency claims which are monetary claims designated in foreign currency in Korean currency, Article 378 of the Civil Act provides that "where the debtor pays the foreign currency claims in Korean currency," unlike the expression "payment period" under Articles 376 and 377 (2) of the Civil Act concerning the conversion period, the conversion period shall not be the due date, but shall be the Korean currency at the time of actual performance. Thus, in cases where the creditor claims the above foreign currency claims in Korean currency by exercising the right to substitute payment, the court shall set the amount to be claimed within the limit of the amount to be claimed by the plaintiff at the time of closing argument at the fact-finding court as of the time when the debtor actually performs the claim in Korean currency at the time of closing argument.