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1. Defendant C shall pay 9 million won to the Plaintiff and 15% per annum from February 14, 2019 to the date of full payment.
Reasons
1. In fact, on January 15, 2019, Defendant C received a summary order of KRW 2 million (200,000,000 from the date of retirement) due to a violation of the Labor Standards Act, that “Defendant C was a personal construction business entity residing in Hongcheon-gun D and engaged in construction business with six full time workers. Defendant C was working in the field of farmland reclamation in Gangwon Hongcheon-gun E from April 15, 2016 to July 31, 2016, and did not pay the Plaintiff’s wages of KRW 9 million from the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date between the parties.”
The Plaintiff filed a suit against Defendant C with the lower court seeking wages (2019 Ghana585) on February 11, 2019, stating that “The Plaintiff is employed by Defendant C and retired from office from April 15, 2016 to July 31, 2016, and Defendant C does not pay the Plaintiff’s total amount of nine million won (2019 Ghana585).” On February 11, 2019, the Plaintiff received a decision of performance recommendation from the said court that “The Defendant shall pay the Plaintiff the amount calculated at the rate of 20% per annum from August 15, 2016 to the date of full payment.”
The decision on performance recommendation was made on February 28, 2019.
[Reasons for Recognition] Facts without dispute, Gap evidence 3 (Evidence No. 1), Eul evidence 2, 3 and 4, the purport of the whole pleadings
2. As to the Plaintiff’s assertion, the Plaintiff asserts that the Defendants are jointly and severally liable for payment of the total amount of KRW 1.8 million and wages of KRW 36 million, since the Plaintiff leased the office used by the Plaintiff as KRW 350,000 per month, and the Plaintiff received wages of KRW 6 million from April 2016 to October 2016, and provided labor under employment to the Defendants.
(2) The Plaintiff asserts that the wage of KRW 36 million for the Defendant is included in the wage of KRW 9 million according to the above decision on performance recommendation. First, the Plaintiff’s office is the Defendants.