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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiffs belonged to the Defendant Company and worked from October 1, 2012, and retired from office around November 18, 2014.
B. The Plaintiffs worked in Defendant Company before commencing work, and in C, and C did not pay the Plaintiffs wages for a period of two months.
C. C Co., Ltd. deposited Plaintiff A with KRW 2,320,00 on September 28, 2012, and KRW 2,320,00 on November 5, 2012, respectively.
The Defendant did not pay the Plaintiff KRW 6,416,60 in total and KRW 11,145,630 in total and KRW 11,145,630 in total and KRW 12,260 in total, and KRW 12,260 in total and KRW 7,058,330 in wages from September to November 2014 and KRW 5,201,860 in total and KRW 12,260 in total.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings】
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff A 11,145,630 won, 12,260,190 won, and 14% interest per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 18, 2014 to the date of full payment, which is after the expiration of 14 days from November 18, 2014, the retirement date of the Plaintiffs.
In this regard, the defendant asserted that he first provided labor by the plaintiff at the end of 2012, through D, the representative director of C, a corporation, paid wages for two months in advance.
Therefore, comprehensively taking account of the following facts: (a) the Defendant deposited KRW 13,00,000, and KRW 8,500,000 to D around September 28, 2012 and November 5, 2012; and (b) the fact that D deposited part of the above amount to the Plaintiffs, respectively.
However, as long as there is no evidence to prove that there was an agreement between the Plaintiffs and the Defendant on the fact that the Defendant paid the amount to the Plaintiffs, the Defendant agreed with D as to it at the time of deposit, and around May 2015.