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(영문) 창원지방법원 2016.11.03 2016가단105933

폐업지원금 대위청구의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs A and B suffered the plaintiffs' claims 1) The citizens M&S, the M&S, the M&D environment, and G&C Co., Ltd. (hereinafter the above companies referred to as "each company of this case").

(2) On July 24, 2015, the Plaintiff filed a lawsuit against each of the instant companies seeking wage payment under the Changwon District Court Masan Branch 2014Gahap1270. On July 24, 2015, the said court rendered a joint judgment that “The instant companies jointly pay KRW 59,932,400 to the Plaintiff, and KRW 87,851,444 to the Plaintiff, and damages for delay to the Plaintiff,” and the said judgment became final and conclusive on August 18, 2015, the said judgment became final and conclusive on August 18, 2015. (2) The Plaintiff filed a lawsuit against each of the instant companies seeking wage under the Changwon District Court Masan Branch 2014Ga15276.

On May 13, 2015, the above court: “The company of this case jointly and severally pays 12,000,000 won to Plaintiff C until May 31, 2015, but if the above money is not paid by the payment date, the parties shall pay the unpaid amount and the interest calculated at the rate of 10% per annum from June 1, 2015 to the date of full payment.”

3) Plaintiff D filed a lawsuit against each of the instant companies for wage reimbursement under Changwon District Court Msan Branch Branch 2014 Ghana15306. On May 13, 2015, the said court filed a lawsuit against Plaintiff D seeking retirement pay of KRW 13,00,000 jointly and severally with each of the instant companies until May 31, 2015, and the unpaid amount and the interest calculated at the rate of 10% per annum from June 1, 2015 to the date of full payment.”

On June 25, 2015, the above court calculated at the rate of 20% per annum from May 24, 2014 to the date of full payment for each of the costs of KRW 1,522,440 for plaintiffs E, and for plaintiffs F, KRW 4,959,968 for each of them.