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(영문) 대전지방법원 2019.06.19 2018나113186

임금

Text

1. Of the part against plaintiffs C and D in the judgment of the court of first instance, the amount exceeds KRW 568,504, respectively, to plaintiffs C and D.

Reasons

1. The fact that the Defendant entered into a contract with F to subcontract the construction work with F; the fact that the Plaintiffs were employed by F and provided labor at the above construction site by January 6, 2018 is no dispute between the parties; according to the evidence Nos. 1 and 4, the fact that F was not paid wages of KRW 4,860,000 to the Plaintiff A until January 20, 2018, when the date when the Plaintiffs retired 14 days from the Plaintiffs’ retirement date, and KRW 4,140,000 to the Plaintiff C, and KRW 3,960,000 to the Plaintiff C and D, respectively (the Defendant asserts that the unpaid wages to the Plaintiffs do not reach each of the above money; however, according to each of the above evidence, the Defendant’s assertion is not accepted); Plaintiff A, B, a small amount of substitute payment from Korea Labor Welfare Corporation, and Plaintiff C, 100,000,300,000 each of the aforementioned facts are recognized.

According to the above facts, the defendant is obligated to pay the plaintiff A with unpaid wages of 860,00 won (=4,860,000 won - 4,000,000 won) and 140,000 won to the plaintiff B (=4,140,000 won - 4,000,000 won) and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from January 21, 2018 to the date of full payment after 14 days from the retirement date to October 9, 2018. The defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from January 21, 2018 to the date of full payment. The plaintiff C and D are obligated to pay damages for delay calculated at the rate of 20% per annum from January 21, 2018 to October 9, 2018.

The defendant asserted that part of the payment made to F was made to the plaintiffs, but there is no evidence to acknowledge it.

2. Conclusion, Plaintiff A and B’s claims shall be accepted on the grounds of their reasoning, and Plaintiff C and D’s claims shall be accepted within the scope of the above recognition, and the remainder shall be dismissed on the grounds of their merit.

참조조문