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(영문) 전주지방법원남원지원 2017.08.23 2017가단262

임금

Text

1. The Defendant: (a) KRW 12,00,000 to the Plaintiff (Appointed Party); and (b) to the date of full payment from November 1, 2016 to the date of full payment.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff (Appointed Party) and the appointed parties (hereinafter collectively referred to as the “Plaintiffs”) are those who were employed by each Defendant Company and retired from office while providing their labor. The Defendant Company did not pay the Plaintiff (Appointed Party) wages of KRW 12,500,000, KRW 222,500,000, and KRW 20,877,820 to the Appointed Party C.

Therefore, the defendant is obliged to pay the above overdue wages and damages for delay to the plaintiffs.

B. The plaintiffs of the defendant company are employees of the defendant company E who are not the defendant company, and there is no fact that the defendant entered into an employment contract with the plaintiffs.

Therefore, the defendant company has no obligation to pay wages to the plaintiffs.

2. Determination

A. In addition to the purport of the argument in Gap evidence 1 and 2, and witness F’s testimony, the plaintiffs (appointed parties) newly established the defendant company on or around January 15, 2016 when the F was first employed by F, the plaintiffs (appointed parties) from around April 15, 2016; the Selection C from around January 25, 2016; the Selection D from around March 2, 2016; the fact that the defendant company, other than E, reported the acquisition of the insured status of the plaintiffs’ employment insurance; the defendant company (appointed parties) reported the acquisition of the insured status of the plaintiffs; the defendant company (appointed parties) on October 17, 2016; the Selection C from October 31, 2016; and D from September 30, 2016 to 200, the Appointed parties (appointed parties); the plaintiff company did not pay the wages to the defendant company of 200 billion won to the defendant company.

B. According to the above facts, it can be sufficiently recognized that the plaintiffs were not paid part of the wages as the workers who concluded the labor contract with the defendant company. Thus, the defendant company is the 12,000,000 won and the Appointed company.