임금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,361,451 as well as the full payment from October 10, 2015.
1. The Plaintiff’s judgment on the claim of this lawsuit was served in the Defendant Company from November 25, 201 to September 25, 2015, and the Plaintiff was not paid KRW 13,361,451 as wages of September 25, 2015, and KRW 11,188,55, retirement allowances of KRW 11,596, and retirement allowances of KRW 11,361,451 as well as KRW 13,361,451 as a whole, because there is no dispute between the parties or the purport of the entry and pleading in subparagraph 1, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from October 10, 2015 to the date of full payment.
2. Judgment on the counterclaim
A. The plaintiff asserted that the plaintiff's counterclaim was unlawful because the plaintiff did not satisfy the requirements for counterclaim since the plaintiff's counterclaim was not mutually connected to the claim of the main lawsuit of this case.
In order for a counterclaim to be lawful, the counterclaim must be related to the means of defending the main claim or the main claim (the latter part of Article 269(1) of the Civil Procedure Act). Here, the relationship with the main claim refers to the case where the formation of a legal relationship identical to the main claim or the cause of the claim is identical to that of the main claim, and even if the cause of the claim is not identical, the main part of the main claim is factual or legal common, and the relation between the method of defending the main claim and the cause of the main claim means the case where the main part of the main claim is not identical, and the relation between the method of defending the main claim and the cause of the main claim is common.
In the instant case, the Defendant’s counterclaim claim is purporting to seek compensation for damages that the Plaintiff incurred to the Defendant by arbitrarily exceeding the glass products, etc. or requesting the Defendant to process the glass products, etc. in excess in the course of performing his/her duties. As such, the Defendant’s counterclaim seeking payment of wages and the aforementioned compensation for damages.