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1. Defendant B shall pay to the Plaintiff KRW 19,954,882 as well as 20% per annum from August 14, 2017 to the date of full payment.
Reasons
1. As to the claim against the defendant B
A. Indication of claim: A claim seeking payment of the part of the wage to Defendant B, the inheritor, on the ground that the Plaintiff had been employed by D from January 2008, and worked for D
(b) Grounds for determination: Article 208(3)2 and Article 150(3) and (1) of the Civil Procedure Act (amended by Presidential Decree No. 208(3)2);
2. As to the claim against the defendant C
A. Basic facts 1) D is a mutual business entity called E (hereinafter “instant business entity”).
The Defendant B died on July 30, 2017 while running the business. (2) Defendant B is the wife of D, and the Plaintiff and Defendant C are the children of D.
3) Of the inheritors of D, the Plaintiff and the Defendants inherited D by giving up their inheritance. [The fact that there is no dispute over the grounds of recognition, the entries in Gap evidence Nos. 1 through 4, and the purport of the entire pleadings.]
B. Plaintiff’s assertion 1) Around December 2009, the Plaintiff was employed by D as an employee of the instant company operated by D, and continued to work until the time of the deceased’s death on July 30, 2017. The Deceased agreed to pay the Plaintiff the amount of KRW 1.3 million per month at the time of the first employment as wages, but did not pay the Plaintiff wages of KRW 36,701,901 and retirement allowances of KRW 9,859,49, and KRW 491.2) as the Plaintiff and the Defendants, the inheritor of the Deceased’s heir upon the death of the Deceased, inherited the said obligations according to their respective shares. As such, Defendant C is obligated to pay the Plaintiff damages for delay calculated at the rate of KRW 13,303,254 [3,701, KRW 901, KRW 9,859, KRW 491] from August 14, 2017 to 20% per annum.
C. The following facts can be acknowledged if there is no dispute between the parties, or if the statements in Gap evidence Nos. 5, 14, 17, 20, and 26 are added to the purport of the whole pleadings:
① From March 1, 2008, the Plaintiff maintains its eligibility for the health insurance as the employee insured belonging to the instant enterprise.
② The Plaintiff belongs to the instant business entity.