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(영문) 창원지방법원통영지원 2015.12.08 2015가단5421

임금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 24,002,610 as well as 20% per annum from November 16, 2014 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and the whole arguments as to the cause of the claim, it is acknowledged that the plaintiff was employed by the defendant from March 1, 2010 to November 1, 2014, and provided labor as a result of the offer of labor. The defendant is obligated to pay the plaintiff the amount of wages 2,80,000 won for July 1, 2014, wages 2,80,000 won for August 2014, wages 2,80,000 won for September 20, 2014, and wages 2,80,000,000 won for retirement allowances, retirement allowances of 12,802,610 won for retirement allowances of 24,02,610 won for retirement allowances of 20,610 won for retirement allowances of 200,02,610 won, barring special circumstances.

2. The defendant's assertion argues that the defendant's claim is unfair since the defendant did not intentionally pay the plaintiff's wages, etc. to the plaintiff, and the voluntary auction procedure against the defendant's vessel is in progress.

However, even if the circumstance alleged by the defendant is acknowledged, it cannot be seen as a legal obstacle to unfairly filing the plaintiff's claim. Therefore, the defendant's above assertion is without merit.

3. Thus, the defendant is obligated to pay to the plaintiff 24,02,610 won in total, including unpaid wages, and damages for delay calculated at the rate of 20% per annum as stipulated in Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the Labor Standards Act from November 16, 2014 to the date of full payment after the expiration of 14 days from the date of provision of labor. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.