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(영문) 창원지방법원 2018.08.24 2018나767

임금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. From June 22, 2014, the Plaintiff received wages on the 25th day of each month under employment of the Defendant who is engaged in the vessel component manufacturing business, under the trade name “C”. The employment relationship was terminated on October 20, 2016.

B. On February 13, 2017, the head of the Changwon District Office of Busan Regional Employment and Labor issued a written confirmation of overdue wages, etc. to confirm that the overdue wages that the Plaintiff had not received from the Defendant were KRW 2,736,00 for 2,00,016,00 for 6 months and 4,752,00 for 6 months, and the total amount of KRW 4,752,00 for 4,752,00.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. In light of the determination on the cause of the claim, etc., and the above recognition, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 4,752,00 and the delay damages therefrom, except in extenuating circumstances.

Therefore, the Defendant’s defense that the Defendant repaid KRW 3,168,00 out of the unpaid wages, is acknowledged as having paid KRW 3,168,00 to the Plaintiff as wages, comprehensively taking account of the overall purport of the pleadings in each of the descriptions set forth in subparagraph 1-1 through 4-4 of the evidence No. 1-2, the Defendant paid KRW 500,000 on August 26, 2016, KRW 500,000 on December 27, 2016, KRW 168,00 on February 24, 2017, KRW 3,168,000 on May 31, 2017, and KRW 3,168,000 on May 31, 2017.

However, since the above amount of the overdue wages exceeds the above amount of repayment, and there is no separate agreement or designation as to the method of satisfaction of payment between the plaintiff and the defendant, each of the above amounts of payment must be appropriated to the plaintiff's claim amount in accordance with the statutory appropriation method. As to the wages of May 26, 2016 and June 26, 2016, the annual amount of 5% under the Civil Act as of May 26, 2016 and June 26, 2016, and damages for delay from November 4, 2016, which is the 14th day following the date of retirement of the plaintiff, are generated by the rate of 20% per annum as stipulated under the Labor Standards Act. Accordingly, if each of the above amounts of payment remains in the legal appropriation method, the result of calculation of the attached amount of 2,135,821 won.

참조조문