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(영문) 의정부지방법원 2019.07.05 2018가단15376

임금 및 퇴직금

Text

1. The Defendant (Counterclaim Defendant) paid KRW 21,948,432 to Plaintiff (Counterclaim Defendant) and KRW 16,814,401 to Plaintiff (Counterclaim Defendant) and the foregoing amount.

Reasons

1. In full view of the fact that there is no dispute between the parties to the judgment on the principal lawsuit, and the purport of the entire arguments in the statements in Gap evidence Nos. 1 and 2, the plaintiffs were found to have not received KRW 16,814,401 in total, including wages and retirement allowances, from the interior of the trade name "D" operated by the defendant, while serving as the defendant with the seal affixed, and retired on October 18, 2017.

According to the above facts, the defendant is obligated to pay to the plaintiff A 21,948,432 won, the above 16,814,401 won, and each of the above amounts to the plaintiff B at the rate of 20% per annum from November 3, 2017 to the day of full payment, which is the day following the expiration of 14 days from the retirement date.

The defendant alleged that he paid KRW 1,00,000 to the plaintiff A, and KRW 5,00,000 to the plaintiff B, but there is no evidence to acknowledge this, the above argument is without merit.

In addition, the defendant asserts that the plaintiffs are not full-time workers but a president system. However, the defendant, on August 22, 2018, acknowledged the fact that the plaintiffs were employed in the business entity operating the defendant and were retired while working. However, when the plaintiffs did not work, it is insufficient to recognize that the confession in question goes against the truth and is caused by mistake, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

Finally, the defendant asserts that the damage claim against the plaintiffs against the above claim is offset against the plaintiffs' wage claim, but the defendant cannot be viewed as having the damage claim against the plaintiffs as seen below in the judgment as to the counterclaim, and this part of the set-off defense is also against the others.

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