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1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.
Reasons
1. According to the facts below's determination as to the cause of claim, the defendant is obligated to pay the remaining wages of 340,000 won (2,340,000 won - 2,000,000 won) for the plaintiff Eul's remaining wages of 1,90,000 won (3,90,000 won - 2,000,000 won) and each of the above payments for the plaintiff Eul's retirement date from September 26, 2012 to the day of complete payment, unless there are special circumstances. The defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as provided by Article 17 of the Enforcement Decree of the Labor Standards Act and Article 37 (1) of the same Act from September 26, 2012 to the day of complete payment.
Defendant is a company engaging in construction business, etc.; Plaintiff A is from June 24, 2012 to September 11, 2012; Plaintiff B is employed from June 18, 2012 to September 11, 2012 to provide labor.
B. At the time of retirement, Plaintiff A was not paid the wages of KRW 2,340,00 by the Defendant, and Plaintiff B by KRW 3,900,000, respectively.
C. As Seoul Central District Court Decision 2012Gada1276815, the Plaintiffs filed a lawsuit against the Defendant seeking payment of the unpaid wages of KRW 2,340,00, and the unpaid wages of KRW 3,900,000 against the Plaintiff B (hereinafter “each of the instant unpaid wages”) and each of the said payments, from September 26, 2012 to the date of full payment, 14 days after the date following the date of retirement of the Plaintiffs, for the damages for delay calculated at the rate of KRW 20% per annum as stipulated in Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act.
With respect to the foregoing case, the court made a decision on performance recommendation (hereinafter “the instant decision on performance recommendation”), and the transcript was served on the Defendant on December 24, 2012.
As the defendant did not raise an objection within 14 days from that, the decision of execution recommendation of this case became final and conclusive as it is.
E. Thereafter, the Plaintiffs received KRW 1,000,000,000 from the Defendant on December 28, 2012, respectively, and KRW 1,000,000, respectively, on March 6, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. The defendant's defense of payment.