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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant, in collaboration with the husband C, operated the “E” as a mixed feed wholesale and retail business entity in Ansan-si, A, 106, and the Plaintiff served until October 2013.
B. C On December 27, 2013, “The Plaintiff’s wage obligation in the instant case is the sum of KRW 10,204,800,00, including the extra-paid expenses, etc. for August 10, 2013.”
B by October 16, 2014
'' has written and drawn up a letter of content.
[Judgment of the court below] The ground for recognition is without dispute, Gap evidence No. 1, and the ground for appeal
2. According to the facts found in the determination as to the cause of the claim, since the wage obligation of this case is the debt of the above E, which is the partnership of the defendant and C, and has been borne due to the act of commercial activity for all of its members, it is necessary to jointly and severally determine the defendant, who is a partner, by applying Article 57(1) of the Commercial Act to the wage obligation of this case.
(See Supreme Court Decisions 76Da2212 Decided December 14, 1976; 91Da30705 Decided November 22, 1991, etc.) Accordingly, the Defendant is obligated to pay to the Plaintiff wages of KRW 10,204,800 as well as damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of complete payment, as the Plaintiff seeks from October 17, 2014, which is the delivery date of a copy of the complaint in this case, to February 6, 2015, the delivery date of the copy of the complaint in this case.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.