logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.10.28 2016가단17646
임금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 21,201,620 and the interest rate of KRW 15% per annum from October 13, 2016 to the date of full payment.

Reasons

1. As to the claim against Defendant B, the Plaintiff provided labor under employment of Defendant B, who operates a business entity with the trade name “D” from August 16, 2008 to June 30, 2014, and did not receive total of KRW 21,201,620, total of KRW 14,200,000, retirement pay of KRW 7,001,620, and KRW 21,201,620, may be acknowledged based on the statement under subparagraph 1.

According to these facts, Defendant B is obligated to pay to the Plaintiff the total amount of 21,201,620 won of unpaid wages and retirement allowances and delay damages calculated at the rate of 15% per annum from October 13, 2016 to the day of full payment as requested by the Plaintiff, which is the day following the day when a duplicate of the complaint in this case was served to Defendant B, as requested by the Plaintiff.

2. The plaintiff asserts that the judgment on the claim against the defendant C is registered as a business operator under the name of the defendant C, and that the defendant C also has the obligation to pay the unpaid wages and retirement allowances to the plaintiff jointly with the defendant C.

According to the evidence No. 2, Defendant C may be recognized as having completed the registration of business as the representative of “D,” but in light of the following circumstances, namely, that the Plaintiff did not work at the workplace of “D,” and that the Plaintiff did not work at the workplace of “D,” and that only the registration of business was known as having been made in the name of “D,” the Plaintiff’s argument as to Defendant C is without merit, solely on the basis of the facts acknowledged earlier, it is difficult to view that there exists a labor contract relationship between the Plaintiff and the Defendant C, or that the Plaintiff provided labor to the Defendant C, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s argument as to Defendant C is without merit.

3. Thus, the plaintiff's claim against the defendant B is accepted on the ground of its reasoning, and the claim against the defendant C is dismissed on the ground of its ground.

arrow