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(영문) 인천지방법원 2016.07.13 2016가단14125

임금

Text

1. The Defendant (Appointed Party) KRW 24,242,340, KRW 8,849,681, KRW 2,159,944, and KRW 2,159,944, to the Selection C.

Reasons

1. Facts of recognition;

A. The defendant is a corporation engaged in metal processing business, etc.

B. From November 22, 199 to August 31, 2015, the Plaintiff (Appointed Party) served in each Defendant company from March 1, 2012 to August 31, 2015, from March 1, 2012 to August 31, 2015, from May 18, 2015 to August 30, 2015, and from May 18, 2015 to August 31, 2015, the Appointed Party (Appointed Party) retired.

C. On February 17, 2016, the Plaintiff (Appointed Party) and the designated parties were issued a confirmation of the delayed payment amount by the Commissioner of the Central Local Labor Agency. The details of the delayed payment amounting to KRW 24,242,340 (i.e., wages of KRW 3,061,061,191 retirement allowances of KRW 21,181,149), the designated parties B total amounting to KRW 8,849,681 (i.e., wages of KRW 2,760,469,212), the appointed parties C were 2,159,944 (wages) and D’s total amounting to KRW 8,089,338 (wages) (i.e., wages of KRW 2,936,813 KRW 5,152,525).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from September 15, 2015 to September 15, 2015, respectively, to the Plaintiff (Appointed Party) and the Appointed Party A, to the Appointed B, KRW 24,242,340, KRW 8,849,681, KRW 2,159,944 to the Appointed Party C, KRW 8,089,338 to the Appointed Party D, and KRW 8,089,338 to the Selected Party D, as the Plaintiff seeks, from September 15, 2015 to the date of full payment.

B. The defendant's assertion is alleged to the effect that even though the company's circumstances are difficult, the defendant paid the plaintiff (appointed party) and the designated party's salary, etc. without being sealed. However, since there is no evidence to acknowledge it, the defendant's above assertion is without merit.

The defendant paid 19 million won to the plaintiff A as retirement allowance, and argued that the plaintiff and the designated parties paid the wages for July 2015 at the end of August, 2015.

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