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(영문) 수원지방법원여주지원 2019.07.10 2018가단56492
임금
Text

1. Defendant C shall pay to Plaintiff A KRW 25,00,000 and a rate of 20% per annum from July 15, 2017 to the date of full payment.

Reasons

1. The parties' assertion

A. On March 2016, Plaintiff A entered into a labor contract with Defendant C with the content that Plaintiff A would be paid KRW 4,000,000 per month while working in the overworking company as “E” operated by Defendant C (hereinafter “instant company”). From March 2016 to June 2017, Plaintiff A worked in the instant company for the period of 15 months from March 2016 and received only KRW 2,00,000 from Defendant C’s wage.

Defendant C is obligated to pay to Plaintiff A the unpaid wages of KRW 58 million ( KRW 4 million x 15 months - two million), retirement allowances of KRW 4 million, and damages for delay.

B. Plaintiff B (1) around March 2016, while serving in the instant company with Defendant C, concluded a labor contract with the effect that the monthly wage of KRW 2 million was paid. From March 2016 to November 2016, Defendant C is obligated to pay the Plaintiff’s unpaid wages of KRW 16 million (2 million x 8 months) and delay damages therefor. (2) The Plaintiff B lent the total amount of KRW 7.5 million to Defendant D between May 27, 2014 and June 13, 2016. Thus, Defendant D is obligated to pay the Plaintiff’s total amount of KRW 7.5 million and delay damages.

C. Defendant C1) The actual period of Plaintiff C1’s employment at the instant company is five months from August 2016 to December 2016, and the wage determined at the time of the employment contract is KRW 2 million per month. Defendant C paid all wages equivalent to the actual period of employment to Plaintiff A between October 31, 2016 and February 28, 2017. Since the continuous employment period of Plaintiff C is less than one year, Defendant C did not have a duty to pay wages and retirement allowances to Plaintiff A. Thus, Defendant C did not have a duty to pay wages to the Plaintiff.

2. Determination

A. Plaintiff A’s claim against Defendant C

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