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(영문) 청주지방법원 2020.06.24 2020가단3215

임금 등

Text

1. The defendant shall calculate to the plaintiff 52,032,757 won and the rate of 12% per annum from March 31, 2020 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings, the following facts are recognized in each statement of evidence Nos. 1 and 2 as a whole:

(1) The Plaintiff, while serving from March 22, 2018 to January 6, 2020, operated by the Defendant, retired from office, and the total amount of overdue wages and retirement allowances not paid by the Defendant at the time of retirement was 54,032,757 won (wages 47,000,000 retirement allowances of KRW 7,032,757).

The Plaintiff lent KRW 10,00,000, total of KRW 6,000,000 on December 23, 2018, and KRW 4,000,000 on December 24, 2018 to the Defendant.

2. Determination:

A. According to the above facts, the defendant is obligated to pay 35,00,000,000 won calculated by deducting 12,00,000,000 won, which the plaintiff had been paid in part, from the 47,000,000 won in overdue wages, and 52,032,757 won, which is the sum of 2,000,032,757 won, of the loan 10,000,000 won (35,000,000 won, 7,032,757 won, 10,000,000 won) and damages for delay calculated by 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from March 31, 2020 to the date following the delivery date of a copy of the complaint of this case, as sought by the plaintiff.

B. On March 10, 2020, the Defendant agreed to pay KRW 5 million each month from the end of March, 2020 to the Plaintiff and the Labor Office. The Plaintiff asserts to the effect that filing the instant lawsuit against the above agreement is unfair.

However, the Defendant cannot reject the Plaintiff’s claim solely on the ground that he/she agreed with the Plaintiff on March 10, 2020.

3. The plaintiff's claim is justified. Thus, the plaintiff's claim is accepted.