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1. Defendant B shall pay to the Plaintiff KRW 31,849,420 as well as 20% per annum from June 14, 2015 to the date of full payment.
Reasons
1. The Plaintiff’s judgment on the claim against Defendant B provided labor under employment with the trade name “D” from March 16, 2004 to May 30, 2015 (hereinafter “instant workplace”). However, the fact that Defendant B did not pay retirement allowances of KRW 31,849,420 to the Plaintiff does not conflict between the Plaintiff and the Defendant B.
Therefore, Defendant B is obligated to pay to the Plaintiff 31,849,420 won of retirement allowances payable to the Plaintiff and damages for delay calculated at the rate of 20% per annum from June 14, 2015 to the date of full payment, which is the day following the expiration of 14 days from the Plaintiff’s retirement date.
2. As to the determination of the claim against Defendant C, the Plaintiff employed the Plaintiff as the spouse of Defendant C while jointly operating the instant workplace, and the Plaintiff was registered as the representative of the instant workplace from March 16, 2004 to June 30, 207, when the Plaintiff was first employed. Defendant C was in charge of managing the entire business of the instant workplace, and was in charge of paying wages to the employees including the Plaintiff. Thus, the Defendants can be deemed to have established an implied partnership agreement on the operation of the instant workplace.
Therefore, Defendant C also asserts that the Plaintiff is liable to pay the unpaid retirement allowance.
The business owner’s confirmation document (A) including the overdue wage (representative, representative, and representative) that the Plaintiff applied to the Seoul Regional Employment and Labor Agency Seoul Regional Employment and Labor Agency for the issuance of a letter of confirmation is merely stated as Defendant B, and Defendant B continues to operate the instant workplace from July 1, 2007 to July 6, 2015, which is the date of issuance of the letter of confirmation.
In addition, according to the response to this court's order to submit documents to the head of the Geumcheon Tax Office, the defendant C opened business on January 2, 2002 with the trade name "D" and closed business on July 31, 2009, and the defendant B opened business on July 1, 2009 with the same trade name.