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(영문) 인천지방법원 2019.07.17 2018나5676
임금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. From August 23, 2016 to August 31, 2016, the Plaintiff (Appointed Party) and the appointed parties agreed on the payment of unpaid wages with the Defendant on December 26, 2017, as there were wages that were not received by the Defendant after being employed by the Defendant.

B. The content of the above agreement is that the Defendant shall pay KRW 500,000,000 to 10 persons including the Plaintiff (Appointed Party) and the designated parties until December 27, 2017, KRW 3 million until January 15, 2018, KRW 3 million until February 15, 2018, and KRW 3 million until March 15, 2018, respectively.

C. Ten persons, including the Plaintiff (Appointeds) and the appointed parties, were paid KRW 6.5 million out of the above agreed amount, and the remaining KRW 3 million should be paid to the Plaintiff (Appointeds) and KRW 1.260,000 to the Appointeds C, KRW 6.660,000,000,000 to the Appointeds D.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. In light of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff (Appointed Party) 1.26 million won, 6.6 million won to the Selected Party C, 1.88 million won to the Appointed and each of them, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 3, 2018 to the date of full payment, which is obviously following the delivery of a copy of the complaint of this case.

3. Judgment on the defense

A. The defendant's defense of revocation by coercion is alleged to the effect that the agreement was prepared by coercion between the plaintiff (appointed party) and the designated party, but the evidence submitted by the defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Thus, the defendant's defense is not accepted.

B. The Defendant asserts that the agreement on the excess of the unpaid wages is unfair, by preparing a written agreement that pays 9.5 million won, even though the unpaid wages of 10 persons, including the Plaintiff (Appointeds) and the designated parties, are KRW 7.38,000,000.

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