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(영문) 서울남부지방법원 2016.09.28 2016가단1490

임금 등

Text

The defendant, from November 1, 2014, and from 25,309,370 won to Plaintiff A, and from this point, to Plaintiff B.

Reasons

Facts of recognition

The plaintiffs retired while serving in the G workplace located in Geumcheon-gu Seoul Metropolitan Government and in the second floor operated by the defendant, and each period of service and the subsequent overdue wages shall be as follows:

Plaintiff

A From April 1, 2009 to October 17, 2014, unpaid wages: From December 1, 2011 to November 17, 201: (a) retirement allowances of KRW 700,000 to November 2, 2012; (b) unpaid retirement allowances of KRW 11,946,030: Plaintiff B: From February 1, 1999 to October 2, 2015; (c) unpaid retirement allowances of KRW 25,309, C: From November 1, 2003 to May 31, 201; (d) unpaid retirement allowances of KRW 17,462,90 to July 2, 200; and (e) unpaid retirement allowances of KRW 11,946,00 to May 29, 201; and (e) unpaid retirement allowances of KRW 300 to May 31, 2015; and (e) the Defendant does not have any obligation to pay each of the grounds for retirement allowances.

Since the fact that the lawsuit of this case brought on January 12, 2016 on the defendant's defense of extinctive prescription is apparent, the defendant's defense of extinctive prescription has expired three-year extinctive prescription as stipulated under Article 49 of the Labor Standards Act, since the defendant's assertion on this issue is with merit.

If so, the defendant is liable to pay to the plaintiff A 14,146,030 won (2,200,000 won) and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from November 1, 2014, from October 17, 2015 to October 17, 2015, and from June 15, 2015 to the plaintiff C, from June 15, 2015 to the plaintiff 19,83,380 won, and damages for delay calculated at the rate of 10% per annum as stipulated in the Labor Standards Act from October 17, 2015 to the date of complete payment.

Therefore, the plaintiffs' claim of this case is justified within the above scope of recognition, and it is so decided as per Disposition.