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(영문) 부산지방법원 2018.05.18 2017나7085

임금등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the purport of subparagraph 1 of the judgment on the cause of the claim and the entire pleadings, it is recognized that the Plaintiff was employed by the Defendant who carries on the trucking transport business in the name of “C” from May 2, 2014 to June 30, 2016 and retired from employment. The Defendant did not pay to the Plaintiff KRW 1,60,000 in total of wages from November 2, 2015 to June 2016, and KRW 500,000 in total of wages from November 2, 2015 and December 2, 2015, and from January 2, 2016 to June 30, 2016, KRW 100,000 in retirement pay and retirement pay and KRW 5,358,270 in total.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the total amount of 6,958,270 won of unpaid wages and retirement allowances (i.e., unpaid amount of 1,600,000 retirement allowances of 5,358,270 won) and damages for delay calculated at the rate of 20% per annum from July 15, 2016 to the date of full payment, 14 days after the Plaintiff’s retirement date, barring special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserts that: (a) the Defendant’s assertion on unpaid wages: (b) the Plaintiff’s payment of KRW 1,00,000, total of November 2015 and December 2015, out of unpaid wages to the Plaintiff; (c) the Plaintiff was not paid for the Plaintiff’s request for the reduction of wages for compensating for the damages arising from traffic accidents that occurred while operating bitr vehicle on or around December 2015; (d) the unpaid wages of KRW 600,000 from January 2, 206 to June 2016; and (e) the Defendant’s Plaintiff and the Defendant, who agreed to share the managerial difficulties arising from the Defendant’s demand for the reduction of transportation expenses, have reduced each payment obligation through an agreement between the Plaintiff and the Defendant.

It is not sufficient to recognize that the Plaintiff requested the reduction of wages in order to compensate for damages caused by traffic accidents, or that the Plaintiff and the Defendant agreed to reduce wages in order to share managerial difficulties. There is no other evidence to acknowledge otherwise.

The defendant's above assertion is without merit.

(b) unpaid retirement allowances;

참조조문