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(영문) 서울중앙지방법원 2020.08.20 2019나34472

임금 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant is engaged in the study agent business under the trade name “L” in Seocho-gu Seoul High Court J and K, and the Plaintiffs were working from the date indicated on the “date of commencement” to the date indicated on the “date of completion” among the period of service of the detailed statement of overdue money and valuables in arrears in the above workplace.

B. The Defendant did not pay KRW 2,241,680, respectively, to Plaintiffs A, D, E, F, G, and H 2,352,70 won (turf less than 10 won; hereinafter the same shall apply), Plaintiff B, and C, as indicated in the column for “total statement” in the attached Table.

C. On August 28, 2019, the Korea Workers’ Compensation and Welfare Service paid KRW 2,241,680, respectively, to Plaintiff A, D, E, F, G, and H as substitute payment for the said unpaid wage on behalf of the Defendant pursuant to Article 7 of the Wage Claim Guarantee Act.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, 2 and 3 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination:

A. The Defendant’s main defense of this case was agreed with the Plaintiffs to withdraw from the lawsuit, and thus, the lawsuit of this case is unlawful. However, it is not sufficient to accept the written evidence Nos. 4 and 5 alone, and there is no other evidence to acknowledge it. Thus, the above assertion is without merit.

B. From February 12, 2017, the Plaintiffs’ substitute payment made by the Korea Workers’ Compensation & Welfare Corporation in the order of 928 days’ damages for delay from February 12, 2017 to August 28, 2019, and the amount of wages to be paid by the Defendant is as follows.

(1) Plaintiff A, D, E, F, G, and H ① (2), 1,196,30 won for delay x 928/365 x 0.2 (=2,352,70 won - 1,196,330 won) (2) Plaintiff B, C, 11,139,870 won for delay x 928/365 x 0.2) (=the remaining principal 1,156,370 won (=2,352,70 won - 1,196,330 won) (2)

3. If so, the defendant shall pay to the plaintiff A, D, E, F, G, and H each of KRW 1,156,370,370, the plaintiff B, and C each of them from August 29, 2019, which is the day following the settlement date.