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(영문) 대구지방법원 2015.05.29 2014나17662

임금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In the first instance trial, the Plaintiff claimed for payment of ① the difference between the wage and the minimum wage, ② retirement allowance, ③ advance notice of dismissal, ④ annual allowance, and damages for delay against the Defendants in the first instance trial, and the court of the first instance partly accepted the claim for the difference between the wage and the minimum wage and the damages for delay already received, and the remainder was dismissed.

Since only the defendants appealed against this, the subject of the judgment of this court is limited to the difference between the wage and the minimum wage already received and the delay damages.

2. Basic facts

A. A. D and Defendant B entered into a partnership agreement with the rate of profit distribution 5:5, and thereafter, from August 2008 to October 5, 201, a full-time employee of 4, from August 201 to October 5, 201, jointly operated 110 dong-gu E apartment store No. 10 105, and the Plaintiff retired from office at F2 from office from December 28, 2009 to October 4, 201.

B. Defendant B received a summary order of KRW 5,00,000 from the Daegu District Court Branch Decision 201Da1804, Dec. 4, 2012, which issued a summary order of KRW 2012 and applied for formal trial with regard to the above summary order on January 24, 2014, stating that “Defendant B paid the Plaintiff wages of KRW 44,889,122 below the minimum wage amount and KRW 6,083,321 below the minimum wage amount were not paid within 14 days from the date of retirement” and that the prosecutor did not pay the Plaintiff wages below the minimum wage amount within 14 days from the date of retirement. As a result of the revision of the facts charged, Defendant B’s judgment became final and conclusive around February 14, 2014.

C. Meanwhile, the mother of G and Defendant B, who is D and his wife.