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(영문) 대전지방법원 2017.09.27 2016가단221624

임금

Text

1. The Defendant’s KRW 32 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from January 1, 2015 to October 24, 2016, and the following.

Reasons

1. In full view of the facts that there is no dispute over the cause of the claim, the evidence No. 2, and the purport of the entire pleadings, the Plaintiff concluded an employment contract with the Defendant around March 1, 2010 by designating the amount of two million won per month of wages, and served as the head of the management office of the building C owned by the Defendant and retired on March 31, 2016, and the wages not paid by the Plaintiff from the Defendant were paid by the Defendant for 16 months.

According to the above facts, the defendant is obligated to pay to the plaintiff 32 million won of unpaid wages and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 1, 2015 to October 24, 2016, which is the delivery date of the complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following to the day of full payment.

2. Judgment on the defendant's defense

A. The defendant defense to the effect that he paid wages in cash to the plaintiff, but there is no evidence to acknowledge this.

Therefore, the defendant's above defense should not be accepted.

B. The defendant asserts that the right to claim the wage of this case has expired by the lapse of the three-year statute of limitations.

However, the Plaintiff filed a claim for wages from December 2014, and on October 10, 2016, the period of three years from the date of the occurrence of the wage claim, and thus, the Defendant’s aforementioned defense should not be accepted.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.