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1. The Plaintiff’s lawsuit against Defendant C seeking the payment of wages of KRW 384,600 and damages for delay.
Reasons
1. Basic facts
A. On April 1, 2013, Defendant B Co., Ltd. (hereinafter collectively referred to as “Defendant Company”) whose representative director was the Defendant C, chartered the instant vessel from the G to December 31, 2014, to which he owned “E” (ship number F, quality rivers, gross tonnage 94t; hereinafter referred to as “instant vessel”) of the vessel on April 1, 2013.
B. From April 3, 2014 to April 2, 2015, the Defendant Company concluded a contract between the Plaintiff and the Defendant Company to work for KRW 30 million in the instant vessel as a deck captain and a cook (hereinafter “instant employment contract”) on the instant vessel (hereinafter “instant employment contract”).
C. On April 3, 2014, the Plaintiff on board the instant vessel. On April 7, 2014, the Defendant Company terminated the instant employment contract by leaving the instant vessel on the grounds of insufficient Plaintiff’s ability to perform duties.
On January 23, 2015, the Plaintiff filed a criminal complaint against the Defendants on the grounds that the Defendants were not paid wages, etc., and on January 23, 2015, the Defendant C was issued a summary order of KRW 2 million for each violation of the Seafarers’ Act, and the Defendant Company was issued a fine of KRW 2 million for each violation of the Seafarers’ Act as prescribed by the Joint Penal Provisions (the Changwon District Court Decision 2014 High Court Decision 2014 high-
Accordingly, the defendants requested formal trial and withdrawn it.
E. On January 27, 2015, the Plaintiff filed a lawsuit against Defendant C seeking payment of KRW 384,60, unemployment allowances of KRW 3,400,00, and advance notice allowances of KRW 1,700,000, and KRW 5,484,600. On May 28, 2015, the said court rendered a judgment that “the Defendant C shall pay to the Plaintiff 5,484,600, and interest calculated at the rate of KRW 20% per annum from April 22, 2014 to the date of full payment” (hereinafter “previous judgment”), and the previous judgment became final and conclusive around that time.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 4.