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(영문) 울산지방법원 2020.10.22 2019가단14898

임금 등

Text

Defendant B Co., Ltd. shall pay 3,975,500 won to the Plaintiff and 12% per annum from November 12, 2019 to the day of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1 and No. 2 filed against Defendant B Co., Ltd. (hereinafter “Defendant B”), the Plaintiff may be found to have served as an employee of Defendant B from August 25, 2016 to August 31, 2019; the Plaintiff was not paid KRW 3,975,500 in total of the wages of 6,40,000 on July 2019; and KRW 6,400,000 in wages of 2,272,820, and 6,400,000 in retirement pay of 18,902,680 in total; and

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 3,975,50 won in total of accrued wages and retirement allowances, and damages for delay at the rate of 12% per annum, which the Plaintiff seeks from November 12, 2019 to the day of full payment, as sought by the Plaintiff.

B. The Plaintiff’s claim against Defendant D is that the actual business owner of Defendant B is Defendant D, and Defendant D is jointly and severally liable to pay the Plaintiff’s unpaid wages and retirement allowances. However, it cannot be deemed that Defendant D is liable to pay wages solely on the ground that the Plaintiff was the business owner, and otherwise, Defendant D did not have any assertion or proof as to the grounds that Defendant D should pay the unpaid wages and retirement allowances. Therefore, the Plaintiff’s claim against Defendant D is without

2. The plaintiff's claim against the defendant B is justified, and the claim against the defendant D is dismissed as it is without merit. It is so decided as per Disposition.