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(영문) 인천지방법원 2019.03.20 2016가단60678

임금

Text

1. Defendant C’s KRW 1,750,00,00 for the Plaintiff and 5% per annum from January 14, 2015 to March 13, 2019.

Reasons

1. The parties' assertion

A. The Plaintiffs provided labor under employment to Defendant C from August 1, 2014 to December 30, 2014.

Among the Defendant, Plaintiff A was paid KRW 2.5 million per month, and Plaintiff B agreed to receive KRW 3 million per month (one million per day).

Defendant C only paid KRW 3.5 million to Plaintiff A, and did not pay the remainder of the wage. As such, Plaintiff A sought against the above Defendant KRW 9 million (=2.5 million x 5 month-3.5 million), Plaintiff B sought payment of KRW 15 million (=3 million x 5 months) and delay damages.

In addition, as to Defendant D, the nominal name holder under Article 24 of the Commercial Act requests the performance of joint and several obligations with Defendant C in accordance with the Commercial Act.

B. Defendant C employed Plaintiff A as an indoor architect who has performed artificial insemination and paid only 3.50 million won per day for 35 days.

Although Defendant C was temporarily engaged in the business of selling the Plaintiff B and lighting equipment, there is no fact that Defendant C employed Plaintiff B.

2. Determination

A. In addition to the purport of the entire pleadings in the statement in the evidence No. 1-1 and No. 2 of the plaintiff A1, the defendant C is entitled to pay the plaintiff A 1,50,000 won per day from August 2014 to October 2014, and has been provided with labor for 35 days, and the defendant C paid the plaintiff A 3,50,000 won. According to the above facts of recognition, the defendant C claims against the plaintiff 1,750,000 won (=1,50,000 won x 35,50,000 won) as wages to the plaintiff 1,755,00 won and the above as the cause of the claim, the plaintiffs asserted that the plaintiff A retired on December 30, 2014, and that the plaintiff A claimed damages for delay after the expiration of 14 days from the retirement date, and it is obvious that the claim for damages for delay after December 14, 2015.

From March 13, 2019, which is deemed appropriate to dispute the existence of all or part of wages by the above defendant, 5% per annum under the Civil Act and the next day shall be repaid from the next day.

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