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(영문) 서울중앙지방법원 2016.11.11 2015가합575292
임금
Text

1.(a)

Defendant C’s KRW 54,384,423 to Plaintiff A, KRW 27,961,840 to Plaintiff B, and each of the said money on November 1, 2013.

Reasons

Basic Facts

Defendant C is a person who operated the E company from February 2, 2012 to February 28, 2013, and Defendant D Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of information and communications business.

The Plaintiffs worked in E from February 2, 2012 to February 28, 2013, and worked in the Defendant Company from March 1, 2013 to October 31, 2013.

The defendant company has not paid 106,666,64 won as well as 10 million won as retirement allowance to the plaintiff B until now.

[Ground of recognition] Defendant C: (a) without dispute; (b) written evidence Nos. 1, 2, and 1 of Gap evidence Nos. 1-1, 2; and (c) the purport of the entire pleadings; and (c) the defendant company: (a) according to the facts of recognition as to the claim against the defendant company, the defendant company is obligated to pay to the plaintiff Eul 16,66,664 won in total (i.e., unpaid benefits of 106,66,664 won (=paid retirement allowances of 10,000,000 won) and damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 1, 2013 to the date of delivery of a copy of complaint of this case, which is the date of delivery of a copy of complaint of this case, to January 29, 2016.

The plaintiffs' assertion on the claim against the defendant C had employed the plaintiffs as the actual representative of the defendant Eul and the defendant company, and the plaintiffs worked as workers in the above companies.

Defendant C is obligated to pay Plaintiff A the unpaid benefits of KRW 63,50,00 for the five-month period from October 2012 to KRW 63,50,00, ② Defendant Company’s unpaid benefits of KRW 245,33,336, ③ retirement allowance of KRW 13,683,323, ④ refund of the unpaid amount of KRW 3,086,90, ⑤ loan of KRW 12,00,000, ⑤ loan of KRW 337,603,559 (the claim is stated as KRW 338,920,236, but it appears to be the error of calculation).

Plaintiff

B, Defendant C, 1 E- October 2012

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