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(영문) 서울고등법원 2013.05.15 2012나9180

임금 등

Text

1. The judgment of the first instance court, including the claims added and expanded in the trial, shall be modified as follows:

In this case.

Reasons

1. Facts of recognition;

A. (1) The status of the parties (1) Defendant C Co., Ltd. (hereinafter “C”) was established for the purpose of the housing construction and sales business, etc. and closed around September 18, 2009, and Defendant D and Defendant F owned 45% of the total number of shares issued by Defendant C as co-representative of Defendant C’s co-representative, and Defendant E is the spouse of Defendant D and Defendant G’s spouse.

(2) The plaintiff A worked in defendant C from January 1, 2002 to June 18, 2009.

The plaintiff B retired from office, and the plaintiff B worked in defendant C from August 1, 2002 to January 31, 2009.

The retirement was made.

B. Defendant C did not pay KRW 165,065,410, total amount of wages, retirement allowances, bonuses, etc. from December 2, 2007 to June 2009 to Plaintiff C within 14 days from the date of retirement without agreement on the extension of the due date. From October 2008 to January 2009, Defendant C did not pay KRW 46,370,370, total amount of wages, retirement allowances, annual settlement payments, etc. from Plaintiff C within 14 days from the date of retirement without agreement on the extension of the due date.

(2) On March 9, 2009, Plaintiff B confirmed 46,370,370 won as the money in arrears at the Seoul Regional Labor Administration. On April 2009, the Seoul Central District Court sought payment of unpaid wages, etc. to Defendant C as the Seoul Central District Court 2009Kadan125729, but on July 21, 2009, Defendant C paid Plaintiff B 4,6370,00 won to the Plaintiff until July 30, 2009, and the Plaintiff B decided to waive the remainder of the claims.

(3) In the case of violation of the Labor Standards Act against Defendant D and F, the above court found Defendant D and F guilty of the facts constituting the crime that the Defendant C joint representative director on May 25, 2010 (Plaintiff A: 165,065,410, Plaintiff B46,370,370, KRW 370) was not paid within 14 days from the date of retirement without agreement on the extension of the due date between the respective parties.

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