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(영문) 창원지방법원 2016.01.13 2015가단16012
임금 등
Text

1. The Defendant: (a) against the Plaintiff (Appointeds) KRW 2,655,589; (b) against the Selection B, KRW 1,632,534; and (c) against each said money.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the Selection B (hereinafter collectively referred to as “Plaintiffs”) were employed by the Defendant company running the urban bus transportation business, and retired from their service during the pertinent period indicated in the “period of service” table in attached Table 1, by being employed by the Defendant company operating the urban bus transportation business.

B. The Plaintiffs did not receive the relevant money from the Defendant Company as stated in the column of “ overdue wages” in attached Form 1 among the wages and retirement allowances for the above service period.

C. After the retirement of the plaintiffs, the defendant paid the corresponding money as stated in the "Payment Statement of Attached 2A" and the "Payment Statement of Attached 3B" as the above wage and retirement allowance.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including the number of each branch), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay KRW 3,731,789, and KRW 1,632,534 to the plaintiff as requested by the plaintiff, as stated in the statement of particulars of repayment to A and the statement of particulars of repayment to attached Form 3B.

However, since the Plaintiff’s unpaid wages amounting to KRW 1,076,200 shall be deducted from the retirement pension conversion amount of KRW 3,731,789, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 20% per annum from October 21, 2015 to the date of full payment, with respect to KRW 3,731,789 (= KRW 3,731,789 - KRW 1,076,200), 1,632,534, and each of the said payments, from October 21, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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