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(영문) 서울서부지방법원 2016.11.29 2016가단1857
임금
Text

1. The defendant (Counterclaim plaintiff) shall have 8,252,835 won against the plaintiff (appointed party and counterclaim defendant) and 8,938.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a person who operates a cafeteria in the 3rd floor in Busan Shipping Daegu and the H’s cafeteria in Busan Shipping Daegu G2 (hereinafter “each of the instant cafeteria”). The Plaintiff (the appointed party; hereinafter “Plaintiff”) was from June 30, 2014; the Selection C was from April 11, 2014; and the Selection D was from January 16, 2015 to March 16, 2015, respectively.

B. As a result of the investigation conducted by the Plaintiff, the designated parties, and the Defendant, respectively, the Defendant confirmed that the Plaintiff and the designated parties were in arrears with the wage of KRW 8,252,835 in total from June 2014 to March 2015, the Defendant delayed payment of KRW 8,938,626 in total from April 2014 to March 3, 2015.

C. On December 18, 2015, the head of the Busan Regional Employment and Labor Agency issued each of the above confirmations to the Plaintiff and the designated parties to verify the delayed payment amount. D.

On the other hand, the plaintiff and the designated parties filed a complaint with the defendant to pay the defendant below the minimum wage amount to the Busan Eastern District Office of Labor, the labor contract was not prepared, wage delayed payment, recess hours, and holiday holidays, and the defendant sent his opinion on the charge of violation of the Labor Standards Act.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff and the designated parties are liable to pay the plaintiff and the designated parties the overdue wages and the delay damages on each of the overdue money and valuables in arrears.

B. The plaintiff and the designated parties have worked between the defendant and 11:00 to 22:00 each day during the six-day period from every week to Saturdays, and have three-hour break hours each day, and the monthly salary is KRW 1.2 million and the allowances are KRW 300,000,000.

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