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(영문) 서울중앙지방법원 2016.04.20 2015가단161474 (1)

임금등

Text

1. The Defendant: (a) from October 10, 2014 to October 10, 2014 to Plaintiff A; (b) from Plaintiff B, to Plaintiff B, to KRW 3,306,400, and Plaintiff C.

Reasons

1. Facts of recognition;

A. From July 20, 2010 to September 25, 2014, Plaintiff A served as an employee of the Defendant Company. However, Plaintiff A received KRW 8,400,000 as substitute payment from the Ministry of Employment and Labor.

B. From December 17, 2014 to June 16, 2015, the Plaintiff served as an employee of the Defendant Company, and the Plaintiff received KRW 9,000,000 as substitute payment from the Ministry of Employment and Labor.

C. From November 1, 2010 to June 16, 2015, Plaintiff C served as an employee of the Defendant Company. However, Plaintiff C was paid KRW 15,806,400 as substitute payment from the Ministry of Employment and Labor to the employee who did not receive wages and retirement allowances of KRW 24,640,825.

Plaintiff

D From February 16, 2010 to June 16, 2015, the employee served as the employee of the Defendant Company. However, the employee failed to receive the wages and retirement allowances of KRW 18,781,537, received KRW 11,840,00 as substitute payment from the Ministry of Employment and Labor.

E. From August 20, 2013 to June 17, 2015, Plaintiff E served as an employee of the Defendant Company. However, Plaintiff E received KRW 6,346,800 as substitute payment from the Ministry of Employment and Labor.

F. From September 20, 201 to June 16, 2015, Plaintiff F served as an employee of the Defendant Company. However, Plaintiff F received KRW 14,393,440 as substitute payment from the Ministry of Employment and Labor, when he did not receive wages and retirement allowances of KRW 16,671,195.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above findings of determination, the Defendant calculated 404,340 won as unpaid retirement pay to Plaintiff A (paid retirement pay of KRW 8,804,340 - substitute payment of KRW 8,400,000) and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from October 10, 2014 to the date of full payment, which is the day following the expiration of 14 days from the retirement date, and 3,306,400 won as unpaid wages to Plaintiff B (paid wage of KRW 12,306,400 - substitute payment of KRW 9,00,000), and Plaintiff.

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