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(영문) 광주지방법원 2016.07.20 2015가단1487

임금

Text

1. The defendant,

A. As to KRW 65,447,00 and KRW 32,041,430 among them, the Plaintiff (Appointed Party) from December 1, 2014.

Reasons

1. Facts of recognition;

A. The Defendant is a representative member of an unlimited partnership company E (the former unlimited partnership company was a F merged company on August 2, 2006; the former is a G unlimited partnership company on March 17, 2010; and the latter was changed to E unlimited partnership company on September 28, 2010; hereinafter “instant unlimited partnership company”).

B. On March 17, 2009, the Plaintiff (Appointed) and the Appointed C, and D (hereinafter collectively referred to as “Plaintiffs”) filed a lawsuit against the instant unlimited partnership company against the Gwangju District Court for claiming wages, etc.

(Seoul District Court 2009Kadan17368). (c)

On January 26, 2010, when the lawsuit was pending, mediation was concluded between the plaintiffs and the partnership company of this case as follows:

(hereinafter “instant conciliation”). Conciliation provisions

1. The defendant (referring to the partnership company of this case) shall pay to the plaintiff C 18,858,540 won with 20% interest per annum from March 4, 2008 to the date of full payment. The amount of money calculated by the rate of 32,041,430 won, 9,183,670 won, and 20% interest per annum from April 15, 2008 to the date of full payment.

2. The costs of lawsuit and the costs of mediation shall be borne by each person;

Description of Claim

The defendant of the purport of the claim shall pay to the plaintiff C 18,858,540 won and the amount equivalent to 20% per annum from March 4, 2008, 32,041,430 won to the plaintiff A, 9,183,670 won to the plaintiff D, and 20% per annum from April 15, 2008 to the day of complete payment.

Plaintiff C’s claim from June 15, 2006 to February 18, 2008; Plaintiff A’s September 7, 2006 to March 31, 2008; Plaintiff D’s claim for unpaid wages and retirement allowances from March 21, 2007 to March 31, 2008; and Plaintiff D’s claim for payment of unpaid wages and retirement allowances from March 21, 2007 to March 31, 2008; and the purport of the whole arguments and arguments.

2. Determination as to the cause of action

A. When it is not possible to fully pay the company's obligations with the assets of the unlimited partnership company, each member is jointly and severally liable, and this is also the same when a compulsory execution on the company's assets is not effective.

. Commercial Act;

참조조문