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(영문) 서울동부지방법원 2015.09.22 2013가단115043
임금
Text

1. The plaintiff A:

A. Defendant I Co., Ltd. shall pay 30,926,880 won and its interest thereon from June 9, 2015 to the date of full payment.

Reasons

1. Basic facts [The grounds for recognition: Facts without dispute, Gap evidence 1 through 3, evidence 4-2, evidence 5-2, Gap evidence 6, evidence 10, evidence 12 through 16, evidence 18, and the purport of the whole pleadings];

A. Plaintiff A retired from office as a worker of Defendant I (the trade name before the change: L corporation; hereinafter referred to as “I”) who was employed by Defendant I at the construction site, etc. in which Defendant I was in progress, from around 1998 to March 11, 2013. However, Plaintiff A was not paid a total of 30,926,80 won, including wages, from April 2012 to March 2013.

B. Plaintiff B, as a worker of Defendant I’s day duty, retired from the work site, etc. that Defendant I started from around 1998 to March 11, 201, and was not paid KRW 21,355,590 in total of the wages, etc. from February 2009 to March 2013.

C. 1) Defendant H Co., Ltd. (hereinafter “H”) is limited to Defendant H.

(2) As a worker of Pyeongtaek-si, he/she retired from his/her work on May 1, 2009 through November 4, 201. Defendant H did not receive total of KRW 22,992,180 from February 1, 201 to November 1, 201. (2) C died on June 15, 2015, and Plaintiff D (the wife’s share 3/9), Plaintiff E, F, and G (the respective inheritance shares 2/9) as his/her heir.

Defendant J was the representative director of Defendant H and was the actual operator of Defendant I, and prepared and delivered a letter of payment to C on October 25, 2012 to pay KRW 10 million as wages and retirement allowances until November 30, 2012. On January 19, 2015, Defendant J paid KRW 18 million to Plaintiff A and issued a letter of confirmation to the effect that the remaining amount would be paid by March 27, 2015, and that the remaining amount would be paid by KRW 9 million until February 27, 2015. On January 19, 2015, Defendant J prepared and issued to Plaintiff B KRW 9 million and paid KRW 5 million as retirement allowances until February 27, 2015, and that the remaining amount would be paid by March 4, 2015.

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