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(영문) 창원지방법원 2018.09.12 2018가단8272

임금

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 7,552,663, and KRW 2,462,199 and each of the above costs against Plaintiff-Counterclaim Defendant A (Counterclaim Defendant).

Reasons

1. As to the claim on the principal lawsuit, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) did not pay the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) wages, etc. equivalent to the following claim amount. The Plaintiffs’ retirement date was December 18, 2017, and the Plaintiff’s retirement date is neither dispute between the parties, nor can it be acknowledged by comprehensively taking account of the entries in the evidence No. 1 and the purport of the entire pleadings.

A Therefore, the defendant is obligated to pay the corresponding claim amount and the damages for delay of 20% per annum as stipulated by the Labor Standards Act from January 2, 2018 to the date of full payment from January 2, 2018, which is the 14th day following the plaintiffs' retirement date.

2. As to the counterclaim claim, the Defendant asserted to the effect that the Plaintiffs were liable to pay the Defendant damages equivalent to the amount of the counterclaim claim, but there is no evidence to acknowledge it, since the Plaintiffs retired from the Defendant Company as of December 18, 2017 and transferred to another travel company, obtained the customer list of the Defendant Company without the Defendant’s permission, and then incurred enormous damages to the Defendant by making a non-discriminatory written and telephone conversations to the relevant customers.

Therefore, the defendant's assertion on the counterclaim is without merit.

3. In conclusion, the plaintiffs' claim of this case is justified, and the defendant's counterclaim of this case is dismissed as it is without merit. It is so decided as per Disposition.

참조조문