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(영문) 대구지방법원 2018.11.29 2018가단128408

임금

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1. The Defendant’s KRW 38,00,000 as well as 6% per annum from June 29, 2017 to July 17, 2018 to the Plaintiff.

Reasons

1. The Plaintiff asserts to the following purport as the cause of the instant claim. A.

From August 12, 2014 to June 14, 2017, the Plaintiff served as the Defendant’s construction site warden.

B. From April 1, 2017 to June 14, 2017, wages of KRW 15,000,000, bonuses of KRW 6,000,000, and retirement allowances of KRW 17,00,000, which have been paid due to retirement.

2. It shall be deemed that the Defendant led to the confession of the fact that the Plaintiff’s assertion was the cause of the claim under Article 150(3) and (1) of the Civil Procedure Act

Although the defendant submitted a written objection against the payment order, it is merely an objection against the payment order, and it does not clearly dispute the cause of the plaintiff's claim.

3. If so, the Defendant is liable to pay the Plaintiff the amount of 38,00,000 won, total of the wages, bonuses, retirement allowances, and the amount of delay damages calculated at the rate of 6% per annum from June 29, 2017 to July 17, 2018, which is the delivery date of a copy of the instant complaint, as claimed by the Plaintiff within the scope of delay interest rate stipulated in Article 37 of the Labor Standards Act from June 29, 2017 to June 14, 200, which is the money and valuables liquidation period stipulated in Article 36 of the Labor Standards Act from the date of retirement.

Although the Plaintiff claimed damages for delay from April 30, 2017, the Plaintiff did not have any other assertion as to the grounds on which damages for delay may accrue for the period from June 29, 2017 as seen above until June 29, 2017, and thus, the claim for this portion cannot be accepted.