임금등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to the record as to the legitimacy of the subsequent appeal, since the document of lawsuit, including a copy of the complaint of the first instance, and the original copy of the judgment, are served to the defendant by means of service by public notice, and the defendant becomes aware of the fact that the defendant was not aware of the lawsuit of this case and the judgment of the first instance, it can be recognized that the subsequent appeal of this case was filed within two weeks after the defendant became aware
2. Basic facts
A. The Defendant is a company that manufactures clothes and engages in wholesale and retail business, and the Plaintiff, from April 5, 2013, retired on January 26, 2017, while engaging in sales at the Defendant’s place of business.
B. On April 11, 2017, the Plaintiff filed a petition with the Central Local Employment and Labor Agency on the delayed payment of wages, etc., and the purport of the “business owner’s confirmation document, such as delayed payment of wages, etc.” (Evidence A 1) written by the labor inspector is that the Defendant delayed payment of wages and retirement allowances totaling KRW 9,116,110 against the Plaintiff.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
3. According to the fact that the obligation to pay wages and retirement allowances arises, the Defendant is obligated to pay the Plaintiff the total amount of 9,116,110 won and delay damages calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from February 10, 2017 to the date of complete payment, which is the 14th day following the retirement day, to the date of full payment, barring special circumstances.
4. As to the claim of set-off based on the damage claim, the Defendant asserts that the Defendant was liable to pay the Defendant the above amount of KRW 9,116,110 as damages, since the Defendant did not properly manage the goods during the Plaintiff’s sales business, and the Plaintiff was liable to pay the Defendant the above amount of KRW 9,116,110 as damages. Thus, the Defendant asserted that the above amount of damage claim against the Plaintiff was set off against the Defendant’s above amount of KRW 9,116,11
According to Article 43 (1) of the Labor Standards Act, wages are directly paid in currency.