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(영문) 서울남부지방법원 2018.08.17 2018가단323

임금

Text

1. As to Plaintiff A’s KRW 14,961,64, and KRW 16,262,655 and each said money from August 15, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiffs were employed by the Defendant, who runs the wholesale business of the tools with the trade name “D”, and Plaintiff A provided labor from November 18, 2010 to Plaintiff B, and from February 1, 2009 to July 31, 2017, respectively.

B. However, the Defendant did not pay the Plaintiff A the total of KRW 14,961,644, the total of KRW 2,300,000, and KRW 12,661,644, and the total of KRW 2,50,000, and the total of KRW 13,762,655, as well as KRW 16,262,655.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2

2. Determination

A. According to the above facts, the defendant is obligated to pay the plaintiff A with overdue wage and retirement allowance at the rate of 20% per annum from August 15, 2017 to the date of full payment, which is the following day after 14 days from the date of retirement of the plaintiffs with respect to the above amount, 14,961,64 won, and 16,262,655 won, and 14 days from the date of retirement of the plaintiffs to the date of full payment.

B. The defendant alleged that he did not pay retirement allowances on the condition that he would not pay taxes under the agreement with the plaintiffs, but there is no evidence to prove that there was an agreement as alleged by the defendant, and the above argument by the defendant is without merit

3. Conclusion, the plaintiffs' claims of this case are accepted on the grounds of its reasoning, and it is so decided as per Disposition.

참조조문