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(영문) 창원지방법원 2015.06.24 2014가단29035

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 23,837,356 and the interest rate of KRW 20% per annum from February 24, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff was employed by the Defendant company operating a reinforced concrete construction business, etc., and retired from office as the vice head of the Defendant company from office from December 16, 2011 to February 9, 2014, and the Plaintiff was unable to receive KRW 17,464,285 out of the wages for the above service period from the Defendant company (=5,00,000 won for October 201 as wages of KRW 5,50,500,000 for December 2012 as wages of KRW 5,50,000 for December 2012), retirement allowances of KRW 6,373,071 for total wages of KRW 23,837,356 for the wages of KRW 5,50,00 for December 2012, the purport of the entire pleadings can be acknowledged by taking into account the following facts: there is no dispute between the parties, or the Plaintiff did not receive KRW 23,837,356, as a whole.

B. According to the above facts of recognition, the Defendant Company is obligated to pay each of the damages for delay calculated at the rate of 20% per annum from February 24, 2014 to the date of full payment with respect to KRW 23,837,356 and the said money, 14 days after the retirement date, to the Plaintiff, barring special circumstances.

2. Judgment on the argument of the defendant company

A. The Defendant Company asserted that ① the Defendant Company: (a) the Defendant Company: (b) was forced to pay materials, labor costs, etc. to the local businesses of the Defendant Company at the subcontract price to the Defendant Company on April 18, 2012 while performing construction works on soil and reinforced concrete structure by subcontracting the bridge construction works, among the bridge construction works contracted by the Korea Infrastructure Corporation; and (c) the Defendant Company was forced to pay the materials, labor costs, etc. to the local businesses of the Defendant Company at the subcontract price to the Defendant Company.

After the establishment of the above direct discontent, the Macopex directly handled the defendant company with the intention to exclude the defendant company.

Therefore, for the overdue wage of 16,500,000 won which occurred from October 2012 to December 2012, 2012, which was directly managed by Macopex, the defendant company has a duty to pay the overdue wage of 16,50,000 won, and there is no obligation to pay to the defendant company.

② From December 16, 2011 to April 10, 2013, the Plaintiff, who had worked in a foreign country C, shall be deemed to have worked in a foreign country.

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