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(영문) 창원지방법원 2017.11.08 2017가단107455

임금

Text

1. The defendant has the corresponding claim amount and its corresponding amount in attached Form 1 to the plaintiff (Appointed Party) and the Appointed.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) the designated parties, including the Plaintiff (Appointeds) (hereinafter “Plaintiffs, etc.”) provided labor under the employment of the Defendant on the date on which the pertinent service period commences on the list of the claim amount attached to the attached Form; and (b) the amount of wages of the Plaintiff, etc. based on the employment of the Defendant, etc. is the same as the pertinent claim amount in the attached Form No. 1 and No. 1-1; or

B. According to the facts of recognition, the Defendant is obligated to pay the Plaintiff, etc. the amount of the pertinent claim on the attached claim amount and the delay damages calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from the calculation date of the corresponding claim amount to the day of full payment, barring special circumstances.

2. Judgment as to the defendant's claim for offset

A. On December 2015, the Defendant asserted that he was awarded a contract for a new construction work B by the Armed Forces Finance Management Committee, and that one of them subcontracted the construction work of reinforced concrete to Taeman Integrated Construction Co., Ltd. (hereinafter “ Taeman Integrated Construction”). However, on December 1, 2016, the Defendant decided to directly perform the construction work following the waiver of construction work due to the delayed construction, delayed payment of wages, etc.

Around that time, the Defendant entered into a loan agreement for consumption with the aforementioned designated parties to lend the amount of wages up to February 27, 2017, when it paid the total amount of wages of KRW 104,938,900 on October 2016 and November 2016, when the comprehensive construction was delayed for the designated parties in paragraphs 1 through 23 of the attached list, including the Plaintiff (Appointed Party).

Therefore, the defendant's loan claims against the above designated parties are set off against the amount equal to the above designated parties' wage claims.

B. Determination of wages is directly paid to workers, except as otherwise provided in statutes or collective agreements (Article 43(1) of the Labor Standards Act);