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(영문) 대구지방법원 2016.11.17 2016나5885

임금 등

Text

1. Of the judgment of the court of first instance, the defendant 3,219,156 won to the plaintiff A, 3,164,321 won to the plaintiff B, and 3,157.

Reasons

1. Basic facts

A. Plaintiff A and B provided labor at the Defendant’s workplace from June 1, 2014 to July 31, 2015; Plaintiff C from May 16, 2014 to July 31, 2015; Plaintiff D from May 3, 2014 to July 27, 2015; and Plaintiff E from May 16, 2014 to July 31, 2015.

B. After the withdrawal of the Plaintiffs, the Defendant did not pay the Plaintiff A wages and retirement allowances of KRW 8,043,390, KRW 7,906,380, KRW 788,690, KRW 7,88,690 to Plaintiff C, KRW 1,050,000 to Plaintiff D, and KRW 8,457,310 to Plaintiff E.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff’s wage and retirement allowance, etc., KRW 8,043,390, KRW 7,906,380, KRW 7,888,690, KRW 1,050, KRW 000, KRW 8,457,310, and delay damages therefor to the Plaintiff A.

B. The plaintiff D alleged that the wage and retirement allowance, etc. that the defendant paid to the defendant exceeded the above KRW 1,050,000,000, but it is not sufficient to recognize the evidence stated in subparagraph 1 alone, and there is no other evidence to acknowledge it.

3. Judgment on the defendant's defense

A. On February 25, 2016, the Defendant filed a complaint against the Defendant for a violation of the Labor Standards Act, etc., and agreed that the Defendant paid the Plaintiffs KRW 20 million to withdraw the criminal complaint against the Defendant, and the Defendant pursuant to the above agreement, the Defendant agreed to withdraw the criminal complaint against the Defendant.

3. 15. 20 million won was paid to each of the plaintiffs. Thus, if the above 20 million won was divided in proportion to the amount of the overdue wages, etc. of each of the plaintiffs, the amount of the above 20 million won was divided in proportion to the amount of the overdue wages, etc. of each of the plaintiffs, the plaintiff A shall be paid in proportion to 4,824,234 won 8,043,390 won/33,345,70 won x 20 million won, and the forest below won;

Plaintiff

B 4,742,059 won 7,906,380 won / 33,345,770 won 】 20,731,449 won / 7,788,690 won / 33,345,70 won x 20,000 won x 629,765 won 1,050,000 won / 33,345,770 won x 629,765 won for Plaintiff D.

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