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(영문) 의정부지방법원 2017.10.13 2017가단13069
임금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,500,000 as well as the full payment from September 15, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 25, 2016, the Defendant (formerly: Yongsan Construction Co., Ltd.) was awarded a subcontract for the part of “park management office construction work” among the “B-4 Section Construction Works” from Samsung C&T Co., Ltd. for the construction cost of KRW 150,700,000 and the construction period of KRW 150,70,00, respectively, from May 25, 2016 to November 30, 2016.

B. The Plaintiff, as employed by the Defendant, served as the Director of the On-Site Management Office from May 14, 2016 to August 31, 2016.

【Ground of recognition】 The fact that there has been no dispute, Eul-1, No. 4, the purport of the whole pleading

2. As to the main claim

A. According to the basic facts, Gap evidence, and the purport of the entire pleadings as to the cause of the claim, the defendant may recognize that the defendant did not pay to the plaintiff 10,50,000 won (=3,500,000 won x 3 months) in total for three months from June 2016 to August 2016. Thus, the defendant shall pay to the plaintiff 10,50,000 won and damages for delay calculated at the rate of 20% per annum from September 15, 2016 to the date of complete payment, which is the 14th day after the date of retirement of the plaintiff.

B. As examined below, the Defendant asserted that the Plaintiff’s claim for damages amounting to KRW 54,767,00 against the Plaintiff is KRW 54,767,00, and that the Plaintiff’s claim for damages is set off against the Plaintiff’s automatic claim through the preparatory document dated April 5, 2017 by setting off the damage claim within the scope equivalent to the Plaintiff’s above wage claim. As such, the Defendant asserts that the Plaintiff’

On the other hand, according to the main sentence of Article 43(1) of the Labor Standards Act, wages are paid in full to workers in currency, so it is not allowed to offset wages by passive claims. The defendant's above assertion is without merit without any need to further examine the remaining points.

3. As to the counterclaim claim, the Defendant agreed to perform the above construction work in KRW 60,00,000, even though it agreed to do so.

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