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(영문) 인천지방법원 2019.02.27 2018가단249802

청구이의

Text

1. The Defendant’s judgment of the Incheon District Court on August 28, 2018 is based on the case of 2018 Ghana40801 Decided August 28, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff substantially operates a business entity located in Seo-gu Incheon Metropolitan City, and the Defendant served as an employee from May 15, 2017 to September 28, 2017.

B. On September 28, 2017, the Defendant did not immediately pay KRW 1,959,840 as the date of dismissal when concluding an employment contract with the Defendant, and the Defendant did not pay KRW 283,074 as the Defendant’s wages within 14 days from the date of the Defendant’s retirement, based on the facts constituting a violation of the Labor Standards Act, the Incheon District Court issued a summary order of KRW 1,00,000 as the Defendant’s 201 High Court Decision 201Da4747, supra.

C. The Defendant filed a lawsuit against the Plaintiff seeking payment of the unpaid wages of KRW 283,074 and KRW 1,959,840,000,000 for advance notice of dismissal, and KRW 2,242,914. On August 28, 2018, the Defendant rendered a final and conclusive judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 2,242,914 and interest calculated at the rate of KRW 20% per annum from October 13, 2017 to the date of full payment.”

(hereinafter “instant final judgment”) d.

Around September 14, 2018, the Defendant filed an application for compulsory execution against the Plaintiff’s corporeal movables with the final and conclusive judgment of this case as an executive title.

(A) On September 28, 2018, the Plaintiff deposited KRW 13,007,497, a total of KRW 13,007,497, as the name of the Defendant, such as the amount of employment promotion, interest, and travel expenses, etc., even though the Plaintiff intended to repay to the Defendant obligations based on the instant final judgment, the Plaintiff deposited KRW 2,242,914, KRW 20% per annum from October 13, 2017 to September 28, 2018 for the Defendant.

E. On the other hand, the defendant paid a total of KRW 468,600 to the execution cost for the above compulsory execution.

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