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(영문) 광주지방법원 2018.07.12 2017나64957
임금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's supplementary claim is dismissed in this court.

3...

Reasons

1. Basic facts

A. The relationship between the parties (1) The network D (hereinafter “the network”) died on August 25, 2016 from Samsung Seoul Hospital located in Gangnam-gu Seoul to “waste cancer.”

(2) The plaintiff is the birth of the deceased, and the wife of the deceased, and the defendant C are the children of the deceased and the defendant B.

(3) E gave birth to F date G between the Deceased, and G was recognized as the natural father of the Deceased’s family court on January 25, 2017 through a suit for recognition claim by the Gwangju Family Court Decision 2016Ddan1683.

B. From March 30, 2006, the Deceased owned a power-driven vessel H (hereinafter “H”) and from March 23, 2009, a power-driven vessel I (hereinafter “I”) owned a power-driven vessel first (hereinafter “H vessel”).

(The deceased is registered in the fishing vessel register in the name of J, K and L for each of the above vessels and completed his/her registration of transfer in his/her own future after the lapse of 2012). [Grounds for recognition]] The fact that there is no dispute, each entry of Gap's Nos. 1, 2, 3, 9, 14 and Eul's No. 1 (including the number of branch numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. The assertion and judgment

A. (1) As to the Plaintiff’s primary claim, the Plaintiff entered into an employment contract with the Deceased and worked as the captain of H ship from February 19, 2014 to December 31, 2014, and the Deceased would pay KRW 150 million to the Plaintiff for the said period (hereinafter “instant agreement”).

(2) The Defendants, the inheritor of the deceased, are liable to pay the unpaid wages according to their inheritance shares. (2) The Plaintiff, who worked on the deceased’s ship from March 31, 2006 to December 31, 2014, did not receive retirement allowances of KRW 108,283,00,00 from the deceased. As such, the Defendants, the inheritor of the deceased, are liable to pay the unpaid retirement allowances according to their inheritance shares.

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