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(영문) 대구지방법원 2016.06.17 2016가단4492

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 28,73,230 as well as 20% per annum from April 30, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant (former Co., Ltd.) is a corporation engaged in electrical construction business, etc.

B. On April 6, 2009, the Plaintiff joined the Defendant Company and started to work, and retired on April 15, 2014.

C. On January 12, 2016, the Plaintiff was issued by the head of the Daegu Regional Labor Agency for the confirmation of the delayed payment amount by the head of the Daegu Regional Labor Agency. The details of the delayed payment include that the Plaintiff was not paid the wages of KRW 29,733,230 (i.e., the total wages of KRW 20,100,000, KRW 9,633,230).

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

2. Determination

A. On the other hand, on February 5, 2016, the fact that the Defendant paid KRW 1,000,000 among the wages and retirement allowances in arrears to the Plaintiff is the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 28,733,230 won (29,733,230 won-1,00,000 won) and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from April 30, 2014 to the date of full payment, which is the day following the 14th day after the above retirement date, as requested by the plaintiff.

B. On October 2014, the Defendant asserted that the Plaintiff paid 1,000,000,000 won or 21,000,000 won of the overdue wage and retirement pay that the Plaintiff and the Defendant shall pay in installments, and that the Plaintiff’s claim in this case was not reasonable, but there is no evidence to support that there was an agreement on reduction and installment payment of the above contents. The Defendant’s assertion is without merit. (2) The Defendant asserted that the Defendant paid 1,00,000,000 won of the overdue wage and retirement pay that the Defendant had paid on or before August 22, 2014. However, there is no evidence to support this.

Even if the Defendant around August 22, 2014, around KRW 1,000,000 to the Plaintiff.

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