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(영문) 대구지방법원 포항지원 2018.03.22 2016가단7959

임금(퇴직금)

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 52,402,310 and interest thereon from September 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a corporation whose purpose is construction business, etc.

B. Around October 23, 2011, Defendant B received a power of delegation from Defendant C to the effect that “Defendant C’s representative director D shall delegate all the construction authority concerning the instant construction works (hereinafter “instant construction works”) that Defendant C received, and commenced management at the construction site from around November 201, 201.”

C. Upon Defendant B’s request, the Plaintiff worked for the position of the head of the management department from January 2012 to the instant construction site.

Wages that the Plaintiff had not been paid by December 1, 2013 while working at the instant construction site until December 1, 2013 are 60,393,80 won in total, and the retirement allowances are 7,008,430 won in total.

E. On February 4, 2015, the Plaintiff filed a complaint against the violation of the Labor Standards Act, which did not pay wages and retirement allowances with Defendant C’s representative director as the business owner in arrears. On February 4, 2015, the Plaintiff was sentenced to the suspension of sentence due to the violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act due to the following criminal facts, and the said judgment became final and conclusive around that time.

Defendant

D is a person who was working as the representative director of Defendant C located in Nam-gu, South-gu, and on December 1, 2013, who was working for the above company, and did not pay 60,393,880 won in total and 7,008,430 won in retirement pay of Plaintiff A who retired on December 1, 2013, and 14 days after the date of his retirement.

F. On June 10, 2015, the Plaintiff received a substitute payment of KRW 15 million from the Korea Labor Welfare Corporation.

[Ground of recognition] Facts without dispute, Gap 1, 6 evidence, Eul 1, 6, 7 evidence, Eul 1 and 2 evidence (including additional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant C, the defendant C is entitled to KRW 52,402,310 (=60,393,880 won - KRW 7,008,430 - substitute payment of KRW 15 million) and the complaint of this case as claimed by the plaintiff.